Order 17 gave exclusive jurisdiction to courts in other jurisdictions


Re: Ministry of Defence v Iraqi Civilians [2015] EWCA Civ 1241

Appeal regarding the application of foreign law relating to limitation under the Foreign Limitation Periods Act 1984, s 1. Whether immunity from the Iraqi legal process under the Coalition Provisional Authority Order 17 amounted to an impossibility to exercise litigation rights in Iraq, such that the three-year limitation period for tort actions under the Iraqi Civil Code should have been considered to be suspended, in line with art 435 of the Code.

Richard Hermer QC was involved in this case.