Hashwah & Ors v Qatar National Bank (QPSC) & Ors [2022] EWHC 2242 (Comm) (30 October 2022)

Hashwah & Ors v Qatar National Bank (QPSC) & Ors [2022] EWHC 2242 (Comm) (30 October 2022)

The court has no jurisdiction over the claimants' primary case because the alleged acts, as pleaded, are governmental acts attracting state immunity under the State Immunity Act 1978. The commercial transactions exception does not apply, as the claims do not arise directly from commercial transactions. UN Security Council Resolution 1373 and Article 6 ECHR do not displace state immunity in this context. Permission to amend the claim form is refused as the amendments would not cure the jurisdictional defect.

Citation
[2022] EWHC 2242 (Comm)
Parties
Claimants/respondents: Basel Hashwah and others; First Defendant/applicant: Qatar National Bank (Q. P. S. C.); Second Defendant/applicant: Doha Bank Ltd; Eleventh Defendant/applicant: Christian Comair; Seventeenth Defendant/applicant: Abdulhadi Mana A Al-Hajri
Jurisdiction
England and Wales
Judgment Date
30 October 2022
Procedural Posture
Civil (commercial Court) / Jurisdiction Challenge and Application to Amend Claim Form
Outcome
Defendants' applications granted; claim struck out for lack of jurisdiction; claimants' application to amend claim form refused.
Legal Topics
State Immunity, Jurisdiction, Terrorism Financing, Commercial Transactions Exception, UN Security Council Resolutions, Article 6 ECHR
Public International Law Civil Procedure Human Rights State Immunity Jurisdiction Terrorism Financing Commercial Transactions Exception UN Security Council Resolutions +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 16 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Basel Hashwah and others

Claimants/respondents

Qatar National Bank (Q. P. S. C.)

First Defendant/applicant

Doha Bank Ltd

Second Defendant/applicant

Christian Comair

Eleventh Defendant/applicant

Abdulhadi Mana A Al-Hajri

Seventeenth Defendant/applicant

Procedural Posture

Civil (commercial Court) / Jurisdiction Challenge and Application to Amend Claim Form

Legal Issues

  1. 1 Whether the court has jurisdiction over claims against Qatari defendants alleged to have financed terrorism, in light of state immunity under the State Immunity Act 1978
  2. 2 Whether the commercial transactions exception to state immunity applies
  3. 3 Whether UN Security Council Resolution 1373 or Article 6 ECHR displaces state immunity in this context

Ratio Decidendi

The court has no jurisdiction over the claimants' primary case because the alleged acts, as pleaded, are governmental acts attracting state immunity under the State Immunity Act 1978. The commercial transactions exception does not apply, as the claims do not arise directly from commercial transactions. UN Security Council Resolution 1373 and Article 6 ECHR do not displace state immunity in this context. Permission to amend the claim form is refused as the amendments would not cure the jurisdictional defect.

Court Disposition

Defendants' applications granted; claim struck out for lack of jurisdiction; claimants' application to amend claim form refused.

Orders

  • Declaration that the court has no jurisdiction over the claims against the first, second, eleventh, and seventeenth defendants on grounds of state immunity.
  • Claim Form and its service on those defendants set aside.