Belhaj & Anor v Straw & Ors

Belhaj & Anor v Straw & Ors

Although state immunity does not bar the claim, the act of state doctrine renders the claims non-justiciable because they require the court to adjudicate the legality of acts of foreign states within their own territory, for which there are no clear judicial standards and which would damage national interests; only claims based on negligence survive.

Parties
Claimant: Abdul-Hakim Belhaj; Claimant: Fatima Boudchar; Defendant: Rt. Hon. Jack Straw MP; Defendant: Sir Mark Allen CMG; Defendant: The Secret Intelligence Service; Defendant: The Security Service; Defendant: The Attorney General; Defendant: The Foreign and Commonwealth Office; Defendant: The Home Office
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Civil / Determination of Preliminary Issues
Outcome
Claims struck out as non-justiciable under act of state doctrine, except for allegations of negligence.
Legal Topics
State Immunity, Act of State Doctrine, Extraordinary Rendition, False Imprisonment, Conspiracy, Misfeasance in Public Office, Negligence, Public Policy Exception
International Law Tort Law Human Rights Law Conflict of Laws State Immunity Act of State Doctrine Extraordinary Rendition False Imprisonment +4 more

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Parties

Abdul-Hakim Belhaj

Claimant

Fatima Boudchar

Claimant

Rt. Hon. Jack Straw MP

Defendant

Sir Mark Allen CMG

Defendant

The Secret Intelligence Service

Defendant

The Security Service

Defendant

The Attorney General

Defendant

The Foreign and Commonwealth Office

Defendant

The Home Office

Defendant

Procedural Posture

Civil / Determination of Preliminary Issues

Legal Issues

  1. 1 Whether the claims should be dismissed for lack of jurisdiction and/or non-justiciability under state immunity and act of state doctrines
  2. 2 What are the applicable laws for determining the Claimants’ causes of action

Ratio Decidendi

Although state immunity does not bar the claim, the act of state doctrine renders the claims non-justiciable because they require the court to adjudicate the legality of acts of foreign states within their own territory, for which there are no clear judicial standards and which would damage national interests; only claims based on negligence survive.

Court Disposition

Claims struck out as non-justiciable under act of state doctrine, except for allegations of negligence.

Orders

  • Claims dismissed except to the extent they rely on allegations of negligence.