Belhaj & Anor v Straw & Ors [2014] EWCA Civ 1394 (30 October 2014)

Belhaj & Anor v Straw & Ors [2014] EWCA Civ 1394 (30 October 2014)

State immunity does not bar the proceedings as the foreign states are not directly or indirectly impleaded within the meaning of the law. The act of state doctrine is engaged but does not bar the claims because the alleged conduct falls within public policy limitations, including violations of international law and fundamental human rights. The applicable law for the causes of action is the law of the place where the alleged conduct occurred.

Citation
[2014] EWCA Civ 1394
Parties
Claimant/appellant: Abdul-Hakim Belhaj; Claimant/appellant: Fatima Boudchar; Defendant/respondent: The Rt. Hon. Jack Straw MP; Defendant/respondent: Sir Mark Allen CMG; Defendant/respondent: The Secret Intelligence Service; Defendant/respondent: The Security Service; Defendant/respondent: The Attorney General; Defendant/respondent: The Foreign & Commonwealth Office; Defendant/respondent: The Home Office
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed in part; claims not barred by state immunity or act of state doctrine; applicable law is law of place of conduct.
Legal Topics
State Immunity, Act of State Doctrine, Non Justiciability, Torture, Extraordinary Rendition, Applicable Law, Jurisdiction, Misfeasance in Public Office, Negligence, False Imprisonment, Conspiracy, Trespass to the Person
Public Law Tort Law International Law Human Rights Law State Immunity Act of State Doctrine Non Justiciability Torture +8 more

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Parties

Abdul-Hakim Belhaj

Claimant/appellant

Fatima Boudchar

Claimant/appellant

The Rt. Hon. Jack Straw MP

Defendant/respondent

Sir Mark Allen CMG

Defendant/respondent

The Secret Intelligence Service

Defendant/respondent

The Security Service

Defendant/respondent

The Attorney General

Defendant/respondent

The Foreign & Commonwealth Office

Defendant/respondent

The Home Office

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Does state immunity bar the proceedings?
  2. 2 Does the act of state doctrine render the claims non-justiciable?
  3. 3 What is the applicable law for the causes of action?

Ratio Decidendi

State immunity does not bar the proceedings as the foreign states are not directly or indirectly impleaded within the meaning of the law. The act of state doctrine is engaged but does not bar the claims because the alleged conduct falls within public policy limitations, including violations of international law and fundamental human rights. The applicable law for the causes of action is the law of the place where the alleged conduct occurred.

Court Disposition

Appeal allowed in part; claims not barred by state immunity or act of state doctrine; applicable law is law of place of conduct.

Orders

  • State immunity does not bar the proceedings.
  • Act of state doctrine does not bar the claims due to public policy and human rights limitations.