Shehabi & Anor v Kingdom of Bahrain [2024] EWCA Civ 1158 (04 October 2024)

Shehabi & Anor v Kingdom of Bahrain [2024] EWCA Civ 1158 (04 October 2024)

Remote installation and operation of spyware on computers located in the UK by agents of a foreign state constitutes an act in the UK for the purposes of section 5 of the State Immunity Act 1978. The exception to immunity applies if any causative act occurs in the UK, regardless of where other acts occur. Psychiatric injury falls within 'personal injury' under section 5. Therefore, Bahrain is not immune from these proceedings.

Citation
[2024] EWCA Civ 1158
Parties
Respondent/claimant: Dr Saeed Shehabi; Respondent/claimant: Moosa Mohammed; Appellant/defendant: The Kingdom of Bahrain
Jurisdiction
England and Wales
Judgment Date
04 October 2024
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
State Immunity, Personal Injury, Harassment, Jurisdiction, Statutory Interpretation, Sovereign Immunity Exception
Public International Law Tort Law Human Rights State Immunity Personal Injury Harassment Jurisdiction Statutory Interpretation +1 more

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Parties

Dr Saeed Shehabi

Respondent/claimant

Moosa Mohammed

Respondent/claimant

The Kingdom of Bahrain

Appellant/defendant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether remote installation of spyware by a foreign state on computers located in the UK constitutes an act in the UK for the purposes of the State Immunity Act 1978, section 5
  2. 2 Whether the exception to state immunity in section 5 applies only if all causative acts occur in the UK
  3. 3 Whether psychiatric injury amounts to 'personal injury' under section 5

Ratio Decidendi

Remote installation and operation of spyware on computers located in the UK by agents of a foreign state constitutes an act in the UK for the purposes of section 5 of the State Immunity Act 1978. The exception to immunity applies if any causative act occurs in the UK, regardless of where other acts occur. Psychiatric injury falls within 'personal injury' under section 5. Therefore, Bahrain is not immune from these proceedings.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Kingdom of Bahrain is dismissed.
  • Proceedings may continue in the High Court against the Kingdom of Bahrain.