Al Attiya v Bin-Jassim Bin-Jaber Al Thani

Al Attiya v Bin-Jassim Bin-Jaber Al Thani

The court has no jurisdiction because the claim is barred by state immunity, as the acts complained of were performed by the defendant in his capacity as a public official of Qatar, and diplomatic immunity applies as the defendant is an accredited diplomat in the UK, as certified by the Foreign and Commonwealth Office.

Parties
Claimant/respondent: Fawaz Al Attiya; Defendant/applicant: Hamad Bin-Jassim Bin-Jaber Al Thani
Jurisdiction
England and Wales
Judgment Date
15 February 2016
Procedural Posture
Civil / Jurisdictional Challenge (preliminary Hearing)
Outcome
Claim struck out for want of jurisdiction
Legal Topics
State Immunity Act 1978, Diplomatic Privileges Act 1964, Vienna Convention on Diplomatic Relations, Jurisdiction, Abuse of Power, Torture, Act of State Doctrine
International Law Diplomatic Immunity State Immunity State Immunity Act 1978 Diplomatic Privileges Act 1964 Vienna Convention on Diplomatic Relations Jurisdiction Abuse of Power +2 more

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Parties

Fawaz Al Attiya

Claimant/respondent

Hamad Bin-Jassim Bin-Jaber Al Thani

Defendant/applicant

Procedural Posture

Civil / Jurisdictional Challenge (preliminary Hearing)

Legal Issues

  1. 1 Whether the English court has jurisdiction over claims against a former Qatari Prime Minister for alleged abuse of power, torture, and property confiscation
  2. 2 Whether state immunity under the State Immunity Act 1978 bars the claim
  3. 3 Whether diplomatic immunity under the Diplomatic Privileges Act 1964 bars the claim

Ratio Decidendi

The court has no jurisdiction because the claim is barred by state immunity, as the acts complained of were performed by the defendant in his capacity as a public official of Qatar, and diplomatic immunity applies as the defendant is an accredited diplomat in the UK, as certified by the Foreign and Commonwealth Office.

Court Disposition

Claim struck out for want of jurisdiction

Orders

  • The claim is struck out on grounds of state immunity and diplomatic immunity.
  • No further proceedings in this court against the defendant.