Taurus Petroleum Ltd v State Oilmarketing Company [2013] EWHC 4495 (Comm) (18 November 2013)

Taurus Petroleum Ltd v State Oilmarketing Company [2013] EWHC 4495 (Comm) (18 November 2013)

Leave to appeal is granted only on the issue of the situs of the debt, as there is a real prospect of success on that issue. Leave is refused on other issues, including whether SOMO is a separate entity or acted with sovereign authority, as there is no real prospect of success in overturning those findings. The State Immunity Act does not prevent case management orders in these circumstances.

Citation
[2013] EWHC 4495 (Comm)
Parties
Claimant/respondent: Taurus Petroleum Limited; Defendant/appellant: State Oil Marketing Company (SOMO)
Jurisdiction
England and Wales
Judgment Date
18 November 2013
Procedural Posture
Commercial Appeal / Leave to Appeal Judgment
Outcome
Leave to appeal granted on situs of debt issue only; stay granted pending appeal; costs order made on issue basis.
Legal Topics
Situs of Debt, Separate Legal Entity Vs State, Sovereign Authority, State Immunity Act, Execution Against State Property, Costs Orders
Commercial Law Sovereign Immunity Situs of Debt Separate Legal Entity Vs State Sovereign Authority State Immunity Act Execution Against State Property Costs Orders

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Parties

Taurus Petroleum Limited

Claimant/respondent

State Oil Marketing Company (SOMO)

Defendant/appellant

Procedural Posture

Commercial Appeal / Leave to Appeal Judgment

Legal Issues

  1. 1 Whether SOMO is a separate legal entity or part of the Iraqi state
  2. 2 Whether SOMO acted as a matter of sovereign authority
  3. 3 Whether the situs of the debt is as determined in the original judgment

Ratio Decidendi

Leave to appeal is granted only on the issue of the situs of the debt, as there is a real prospect of success on that issue. Leave is refused on other issues, including whether SOMO is a separate entity or acted with sovereign authority, as there is no real prospect of success in overturning those findings. The State Immunity Act does not prevent case management orders in these circumstances.

Court Disposition

Leave to appeal granted on situs of debt issue only; stay granted pending appeal; costs order made on issue basis.

Orders

  • Leave to appeal granted on situs of debt issue
  • Leave to appeal refused on other issues