A v B

A v B

Permission to appeal to the Court of Appeal is refused because there are no realistic prospects of success on any of the substantive state immunity issues, and the claimants' arguments regarding UN Security Council Resolution 1373 and article 6 ECHR are unarguable. The certificate under section 12 of the Administration of Justice Act 1969 is refused as there is no sufficient case for appeal to the Supreme Court. The stay on related proceedings will only be lifted upon expiry of the time for applying for permission to appeal or final determination of any such application or appeal.

Parties
Claimant: A; Defendant: B; Defendant: Second Defendant; Defendant: Eleventh Defendant; Defendant: Seventeenth Defendant
Jurisdiction
England and Wales
Judgment Date
31 October 2022
Procedural Posture
Commercial / Ruling on Permission to Appeal and Stay
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 be lifted only after expiry of time for appeal or final determination of appeal.
Legal Topics
State Immunity, Permission to Appeal, Stay of Proceedings, UN Security Council Resolution 1373, Article 6 ECHR
International Law Civil Procedure State Immunity Permission to Appeal Stay of Proceedings UN Security Council Resolution 1373 Article 6 ECHR

Case Brief

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Parties

A

Claimant

B

Defendant

Second Defendant

Defendant

Eleventh Defendant

Defendant

Seventeenth Defendant

Defendant

Procedural Posture

Commercial / Ruling on Permission to Appeal and Stay

Legal Issues

  1. 1 Whether permission to appeal to the Court of Appeal should be granted
  2. 2 Whether a certificate under section 12 of the Administration of Justice Act 1969 should be granted
  3. 3 Whether the stay on related proceedings should be lifted

Ratio Decidendi

Permission to appeal to the Court of Appeal is refused because there are no realistic prospects of success on any of the substantive state immunity issues, and the claimants' arguments regarding UN Security Council Resolution 1373 and article 6 ECHR are unarguable. The certificate under section 12 of the Administration of Justice Act 1969 is refused as there is no sufficient case for appeal to the Supreme Court. The stay on related proceedings will only be lifted upon expiry of the time for applying for permission to appeal or final determination of any such application or appeal.

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 be lifted only after expiry of time for appeal or final determination of appeal.

Orders

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