Dr Saeed Shehabi & Anor v The Kingdom Of Bahrain

Dr Saeed Shehabi & Anor v The Kingdom Of Bahrain

Remote hacking of 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, and the state is not immune from civil proceedings for personal injury (including psychiatric injury) caused thereby, even if other causative acts occurred abroad.

Parties
Respondent/claimant: Dr Saeed Shehabi; Respondent/claimant: Moosa Mohammed; Appellant/defendant: The Kingdom of Bahrain
Jurisdiction
England and Wales
Judgment Date
21 January 2025
Procedural Posture
Civil Appeal / Appeal From High Court to Court of Appeal; Determination of State Immunity Preliminary Issue
Outcome
Appeal dismissed
Legal Topics
State Immunity, Personal Injury, Harassment, Jurisdiction, Statutory Interpretation
Public International Law Tort Law Human Rights State Immunity Personal Injury Harassment Jurisdiction Statutory Interpretation

Case Brief

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Parties

Dr Saeed Shehabi

Respondent/claimant

Moosa Mohammed

Respondent/claimant

The Kingdom of Bahrain

Appellant/defendant

Procedural Posture

Civil Appeal / Appeal From High Court to Court of Appeal; Determination of State Immunity Preliminary Issue

Legal Issues

  1. 1 Whether remote hacking of computers in the UK by a foreign state is an act in the UK for purposes of state immunity exception under section 5 of the State Immunity Act 1978
  2. 2 Whether all causative acts must occur in the UK for the exception to apply
  3. 3 Whether psychiatric injury constitutes 'personal injury' under section 5

Ratio Decidendi

Remote hacking of 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, and the state is not immune from civil proceedings for personal injury (including psychiatric injury) caused thereby, even if other causative acts occurred abroad.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Kingdom of Bahrain is dismissed.
  • The claimants may proceed with their claims in the High Court.