David Mead: Public Law Current Survey (Nov 2016 – Jan 2017)

“In order to make good a claim to state immunity, where that was being indirectly impleaded, the proceedings must affect the legal interests of a foreign state or its officials. No domestic or international case had extended the concept of “interests” so far as to cover reputational or like disadvantage that could result to foreign states or their officials from findings made in proceedings in the UK. All of the cases were limited to affecting interests relating to proprietary or possessory title. So held the Supreme Court (Lord Mance giving the leading judgment) dismissing government appeals in cases concerning the alleged complicity of UK officials in alleged acts of torture carried out overseas by foreign agents seeking to combat international terrorism. “

UK Constitutional Law Association

Editors’ note: The Public Law Current Survey was originally published in Public Law and is reprinted here with the generous permission of that journal.

(This survey covers the three-month period 1 November 2016 to 31 January 2017)

Act of State and State immunity

In order to make good a claim to state immunity, where that was being indirectly impleaded, the proceedings must affect the legal interests of a foreign state or its officials. No domestic or international case had extended the concept of “interests” so far as to cover reputational or like disadvantage that could result to foreign states or their officials from findings made in proceedings in the UK. All of the cases were limited to affecting interests relating to proprietary or possessory title. So held the Supreme Court (Lord Mance giving the leading judgment) dismissing government appeals in cases concerning the alleged complicity of UK officials in…

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