Aic Ltd. v Nigeria & Anor [2003] EWHC 1357 (QB) (13 June 2003)

Aic Ltd. v Nigeria & Anor [2003] EWHC 1357 (QB) (13 June 2003)

The Federal Government of Nigeria and its Attorney General are immune from the present proceedings for registration and enforcement of the Nigerian judgment under the State Immunity Act 1978, as none of the statutory exceptions to immunity apply. The attached bank accounts are immune from execution under sections 13 and 14 of the State Immunity Act 1978. The registration order must be set aside.

Citation
[2003] EWHC 1357
Parties
Claimant / Judgment Creditor: AIC Limited; Defendant / Judgment Debtor: The Federal Government of Nigeria; Defendant / Judgment Debtor: The Attorney General of the Federation of Nigeria; Third Party: The Bank of England; Third Party: HSBC Bank PLC
Jurisdiction
England and Wales
Judgment Date
13 June 2003
Procedural Posture
Application to Set Aside Registration of Foreign Judgment and Third Party Debt Orders / High Court (queen's Bench Division) Judgment on Immunity and Enforcement Issues
Outcome
Registration order set aside; bank accounts immune from execution; application dismissed.
Legal Topics
State Immunity, Enforcement of Foreign Judgments, Sovereign Immunity From Execution, Registration of Foreign Judgments, Commercial Transactions Exception
Public International Law Civil Procedure State Immunity Enforcement of Foreign Judgments Sovereign Immunity From Execution Registration of Foreign Judgments Commercial Transactions Exception

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Parties

AIC Limited

Claimant / Judgment Creditor

The Federal Government of Nigeria

Defendant / Judgment Debtor

The Attorney General of the Federation of Nigeria

Defendant / Judgment Debtor

The Bank of England

Third Party

HSBC Bank PLC

Third Party

Procedural Posture

Application to Set Aside Registration of Foreign Judgment and Third Party Debt Orders / High Court (queen's Bench Division) Judgment on Immunity and Enforcement Issues

Legal Issues

  1. 1 Whether a judgment against a State may be registered and enforced in the UK under the Administration of Justice Act 1920 in light of the State Immunity Act 1978
  2. 2 Whether bank accounts held by a central bank or government are liable to execution if used or intended for commercial purposes

Ratio Decidendi

The Federal Government of Nigeria and its Attorney General are immune from the present proceedings for registration and enforcement of the Nigerian judgment under the State Immunity Act 1978, as none of the statutory exceptions to immunity apply. The attached bank accounts are immune from execution under sections 13 and 14 of the State Immunity Act 1978. The registration order must be set aside.

Court Disposition

Registration order set aside; bank accounts immune from execution; application dismissed.

Orders

  • The registration of the Nigerian judgment under the Administration of Justice Act 1920 is set aside.
  • Interim third party debt orders against the Bank of England and HSBC Bank PLC are discharged.