Taurus Petroleum Ltd v State Oilmarketing Company

Taurus Petroleum Ltd v State Oilmarketing Company

Leave to appeal granted only on the situs of the debt issue; other issues lacked real prospect of success based on established legal principles and factual findings.

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 Court Appeal / Leave to Appeal and Costs Order
Outcome
Leave to appeal granted on situs of debt; stay pending appeal; costs order on issue basis.
Legal Topics
Sovereign Immunity, Situs of Debt, Execution of Judgment, Case Management Orders, Costs
Commercial Law International Law Sovereign Immunity Situs of Debt Execution of Judgment Case Management Orders Costs

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Parties

Taurus Petroleum Limited

Claimant/respondent

State Oil Marketing Company (SOMO)

Defendant/appellant

Procedural Posture

Commercial Court Appeal / Leave to Appeal and Costs Order

Legal Issues

  1. 1 Whether SOMO is a separate legal entity or part of the Iraqi state
  2. 2 Whether SOMO acted in exercise of sovereign authority
  3. 3 Situs of the debt

Ratio Decidendi

Leave to appeal granted only on the situs of the debt issue; other issues lacked real prospect of success based on established legal principles and factual findings.

Court Disposition

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

Orders

  • Leave to appeal granted on situs of debt issue only.
  • Stay pending determination of appeal, with liberty to SOMO to apply to Court of Appeal regarding progress.