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England and Wales decisions
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Security for costs was ordered because the claimant is resident abroad, there is a real risk of non-enforcement of costs orders, the merits do not demonstrate a high probability of success, and there is insufficient evidence that the claim would be stifled by the order.
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The claimant's employment and claim were not sufficiently close to governmental functions to constitute an act of sovereign authority; her claim was for pay under a contract and did not engage sovereign authority. The ET's findings of fact and evaluative judgment were correct and contained no error of law.
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The court held the Yukos awards were broadly enforceable under English public policy, but refused enforcement of costs and interest on costs.
Hulley Enterprises Ltd & Ors v The Russian Federation [2026] EWHC 456 (Comm) (02 March 2026)
The court rejected the Russian Federation’s public policy objections to enforcing the Yukos awards, save for a limited point on costs.
The court held that patent revocation proceedings are actions in rem, so section 12 of the State Immunity Act 1978 does not apply. The court has jurisdiction under CPR 6.15 to order alternative service, and the reasons advanced by the claimant are sufficient to grant the order sought.
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Janssen-Cilag Ltd v The United States of America [2026] EWHC 436 (Pat) (25 February 2026)
The High Court granted ex parte permission to serve patent revocation proceedings against the United States by alternative methods under CPR 6.15.
Expert evidence on Argentinian law is relevant and admissible for the jurisdiction challenge, as it will assist the court in characterising the acts as sovereign or commercial and in addressing public policy and state immunity objections. Bifurcation is refused as all issues can be efficiently dealt with in the scheduled hearing without duplication of costs or time.
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Choksi v Government of India & Ors [2026] EWHC 217 (KB) (06 February 2026)
The High Court ordered security for costs against an overseas claimant in a personal injury and conspiracy claim, finding real enforcement risks and no sufficient stifling evidence.
The EAT dismissed Kuwait’s appeal on state immunity. It held that prior EAT rulings on section 5 of the State Immunity Act 1978 should be followed, and that psychiatric injury is included.
Al-Masarir v Kingdom of Saudi Arabia [2026] EWHC 119 (KB) (26 January 2026)
The High Court granted summary judgment for Ghanem Al-Masarir against Saudi Arabia for spyware hacking, harassment, trespass to goods and assault, awarding damages and costs.
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