The Law Reports (Queen's Bench Division)
[2009] QB 22
Court of Appeal
Government of the Islamic Republic of Iran
v
The Barakat Galleries Ltd
[2007] EWCA Civ 1374
2007 Oct 9,
10;
Dec 21
Dec 21
Lord Phillips of Worth Matravers CJ, Wall, Lawrence Collins LJJ
Conflict of laws— Jurisdiction— Claim by foreign state— Recovery of antiquities— Objects excavated and unlawfully removed from Iran— Iranian Government claiming return of objects it had never possessed— Whether obtaining title to objects pursuant to Iranian statute— Whether claim involving enforcement of penal or public law of foreign state— Whether patrimonial claim— Whether English court to recognise or enforce title absent Iranian Government’s prior possession