Mohamed v Breish & Ors

Mohamed v Breish & Ors

Where Her Majesty’s Government has unequivocally recognised a foreign government as the executive authority of a state, the English court is constitutionally bound by the one voice principle to treat that body as the government for all purposes. The court cannot entertain challenges to the validity of that government’s acts on the basis that it is not lawfully constituted under local law, as this would undermine the executive’s recognition and violate the separation of powers. Challenges to the acts of the recognised government are only permissible if they do not impugn its status as the government.

Parties
Respondent to the Appeals: Dr Ali Mahmoud Hassan Mohamed; Appellant in Appeal No. A4/2019/1820: Mr Abdulmagid Breish; Appellant in Appeal No. A4/2019/1833: Dr Hussein Mohamed Hussein Abdlmora; Third Respondents (receivers and Managers): Mark James Shaw & Shane Michael Crooks; Fourth Respondent: The Libyan Investment Authority; Fifth Respondent: Dr Mohsen Derregia
Jurisdiction
England and Wales
Judgment Date
15 May 2020
Procedural Posture
Civil Appeal / Appeal From High Court (business and Property Courts, Commercial Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Recognition of Foreign Governments, One Voice Principle, Sovereign Immunity, Foreign Act of State Doctrine, Receivership, Sovereign Wealth Funds
Constitutional Law Private International Law Public Law Recognition of Foreign Governments One Voice Principle Sovereign Immunity Foreign Act of State Doctrine Receivership +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dr Ali Mahmoud Hassan Mohamed

Respondent to the Appeals

Mr Abdulmagid Breish

Appellant in Appeal No. A4/2019/1820

Dr Hussein Mohamed Hussein Abdlmora

Appellant in Appeal No. A4/2019/1833

Mark James Shaw & Shane Michael Crooks

Third Respondents (receivers and Managers)

The Libyan Investment Authority

Fourth Respondent

Dr Mohsen Derregia

Fifth Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (business and Property Courts, Commercial Court) to Court of Appeal

Legal Issues

  1. 1 Does the one voice principle preclude the English court from considering challenges to the lawfulness of acts of a recognised foreign government under local law?
  2. 2 Was the Government of National Accord (GNA) unequivocally recognised by Her Majesty’s Government as the executive authority of Libya?
  3. 3 Can the validity of appointments made by the GNA be challenged on the basis of Libyan constitutional law in English courts?

Ratio Decidendi

Where Her Majesty’s Government has unequivocally recognised a foreign government as the executive authority of a state, the English court is constitutionally bound by the one voice principle to treat that body as the government for all purposes. The court cannot entertain challenges to the validity of that government’s acts on the basis that it is not lawfully constituted under local law, as this would undermine the executive’s recognition and violate the separation of powers. Challenges to the acts of the recognised government are only permissible if they do not impugn its status as the government.

Court Disposition

Appeal dismissed

Orders

  • The appeals of Mr Breish and Dr Hussein are dismissed.
  • The judge’s order striking out the relevant paragraphs of the appellants’ position statements is upheld.