Grovit v De Nederlandsche Bank NV & Ors

The Bank and its officers were exercising public law powers as a regulator when sending the letter. The claim arises from the exercise of those public powers, so it is not a civil and commercial matter under Article 1 of the Judgments Regulation. The appeal is dismissed on this ground.

Parties: Appellant: Grovit; Respondent: De Nederlandsche Bank NV
Jurisdiction: England and Wales
Judgment Date: 24 July 2007
Procedural Posture: Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: State Immunity, Jurisdiction, Defamation, Interpretation of 'civil and Commercial Matters' Under EC Regulation

Civil Procedure International Law State Immunity Jurisdiction Defamation Interpretation of 'civil and Commercial Matters' Under EC Regulation

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Parties

Grovit

Appellant

De Nederlandsche Bank NV

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen’s Bench Division) to Court of Appeal

Legal Issues

1 Whether the claim for libel against a foreign central bank and its officers falls within 'civil and commercial matters' under Article 1 of Council Regulation (EC) 44/2001
2 Whether the defendants are entitled to state immunity under the State Immunity Act 1978

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed
No jurisdiction to hear the claim as it is not a civil and commercial matter under the Regulation