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State immunity, foreign act of state and Crown act of state do not prevent a claim in tort for damages

Rahmatullah v Ministry of Defence [2014] EWHC 3846 (QB)

Related Member(s):
Edward Craven, Phillippa Kaufmann QC
Related Practice Area(s):
Public and Private International Law
Court:

Pakistani citizens were suing the UK for damages in tort concerning their ill treatment in Afghanistan. By way of preliminary issue the court examined the doctrines of state immunity, foreign act of state and Crown act of state. The first two did not operate to bar the claims; the third would bar a claim relating to the claimants’ arrest and detention if it could be proved that the UK had operated lawful policy.

Edward Craven & Phillippa Kaufmann QC were involved in this case.