Amin v Brown [2005] EWHC 1670 (Ch) (27 July 2005)

Amin v Brown [2005] EWHC 1670 (Ch) (27 July 2005)

There has not been, and is not, a state of war between the United Kingdom and Iraq in the technical legal sense; therefore, the claimant is not an enemy alien and is not barred from suing in UK courts.

Citation
[2005] EWHC 1670 (Ch)
Parties
Claimant: Sadiqa Ahmed Amin; Defendant: Irving Brown
Jurisdiction
England and Wales
Judgment Date
27 July 2005
Procedural Posture
Civil / Trial of Preliminary Issue
Outcome
Preliminary issue decided in favour of the claimant.
Legal Topics
Enemy Alien Status, Standing to Sue, War and Armed Conflict, Property Rights of Foreign Nationals
International Law Civil Procedure Property Law Enemy Alien Status Standing to Sue War and Armed Conflict Property Rights of Foreign Nationals

Case Brief

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Parties

Sadiqa Ahmed Amin

Claimant

Irving Brown

Defendant

Procedural Posture

Civil / Trial of Preliminary Issue

Legal Issues

  1. 1 Whether the claimant, as an Iraqi national resident in Iraq, is an enemy alien and thereby barred from suing in UK courts
  2. 2 Whether a state of war existed between the United Kingdom and Iraq at the relevant time

Ratio Decidendi

There has not been, and is not, a state of war between the United Kingdom and Iraq in the technical legal sense; therefore, the claimant is not an enemy alien and is not barred from suing in UK courts.

Court Disposition

Preliminary issue decided in favour of the claimant.

Orders

  • Claimant has standing to sue; further argument to be heard on the form of order if not agreed.