The European Union (Represented By the European Investment Bank) & Anor v The Syrian Arab Republic [2018] EWHC 181 (Comm) (02 February 2018)

The European Union (Represented By the European Investment Bank) & Anor v The Syrian Arab Republic [2018] EWHC 181 (Comm) (02 February 2018)

Service of documents on a foreign state under section 12(1) of the State Immunity Act 1978 is validly effected by email transmission through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs, provided there is evidence the email was received in the Ministry's electronic depository.

Citation
[2018] EWHC 181 (Comm)
Parties
Claimant/applicant: The European Union (Represented by The European Investment Bank); Claimant/applicant: The European Investment Bank; Defendant/respondent: The Syrian Arab Republic
Jurisdiction
England and Wales
Judgment Date
02 February 2018
Procedural Posture
Commercial Court Claim for Declaration of Valid Service / Application for Declaration Regarding Service of Documents
Outcome
Declaration granted
Legal Topics
State Immunity, Service of Process, Electronic Service, Jurisdiction
Civil Procedure International Law State Immunity Service of Process Electronic Service Jurisdiction

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Parties

The European Union (Represented by The European Investment Bank)

Claimant/applicant

The European Investment Bank

Claimant/applicant

The Syrian Arab Republic

Defendant/respondent

Procedural Posture

Commercial Court Claim for Declaration of Valid Service / Application for Declaration Regarding Service of Documents

Legal Issues

  1. 1 Whether service of documents on a foreign state by email via the Foreign and Commonwealth Office satisfies section 12(1) of the State Immunity Act 1978
  2. 2 Whether the documents were validly served on the Syrian Arab Republic

Ratio Decidendi

Service of documents on a foreign state under section 12(1) of the State Immunity Act 1978 is validly effected by email transmission through the Foreign and Commonwealth Office to the Ministry of Foreign Affairs, provided there is evidence the email was received in the Ministry's electronic depository.

Court Disposition

Declaration granted

Orders

  • Declaration that all documents required to be served to institute this claim have been validly served on Syria pursuant to CPR 6.44 and section 12(1) of the State Immunity Act 1978 by email.