A v B [2022] EWHC 2786 (Comm) (31 October 2022)

A v B [2022] EWHC 2786 (Comm) (31 October 2022)

Permission to appeal to the Court of Appeal is refused because there is no realistic prospect of success on any of the substantive state immunity issues or the proposed amendment. A certificate under section 12 Administration of Justice Act 1969 is refused because, although the relevant conditions are met, there is no sufficient case for appeal to the Supreme Court as the claimants' arguments are unarguable in law.

Citation
[2022] EWHC 2786 (Comm)
Parties
Claimant: A; Defendant: B
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Commercial Court Proceedings / Application for Permission to Appeal and for Certificate Under Section 12 Administration of Justice Act 1969
Outcome
Permission to appeal to the Court of Appeal refused; certificate under section 12 Administration of Justice Act 1969 refused; stay on related proceedings to remain until appeal process concludes.
Legal Topics
State Immunity, Permission to Appeal, UN Security Council Resolutions, Article 6 ECHR, Commercial Transactions Exception
Public International Law Civil Procedure State Immunity Permission to Appeal UN Security Council Resolutions Article 6 ECHR Commercial Transactions Exception

Case Brief

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Parties

A

Claimant

B

Defendant

Procedural Posture

Commercial Court Proceedings / Application for Permission to Appeal and for Certificate Under Section 12 Administration of Justice Act 1969

Legal Issues

  1. 1 Whether permission to appeal to the Court of Appeal should be granted on state immunity issues
  2. 2 Whether a certificate under section 12 Administration of Justice Act 1969 should be granted to permit application to the Supreme Court
  3. 3 Whether state immunity precludes claims alleging state-sponsored terrorism

Ratio Decidendi

Permission to appeal to the Court of Appeal is refused because there is no realistic prospect of success on any of the substantive state immunity issues or the proposed amendment. A certificate under section 12 Administration of Justice Act 1969 is refused because, although the relevant conditions are met, there is no sufficient case for appeal to the Supreme Court as the claimants' arguments are unarguable in law.

Court Disposition

Permission to appeal to the Court of Appeal refused; certificate under section 12 Administration of Justice Act 1969 refused; stay on related proceedings to remain until appeal process concludes.

Orders

  • Permission to appeal to the Court of Appeal refused.
  • Certificate under section 12 Administration of Justice Act 1969 refused.