The Weekly Law Reports
[2009] 2 WLR 1332
Queen’s Bench Division
NML Capital Ltd
v
Republic of Argentina
[2009] EWHC 110 (Comm)
2009 Jan 13,
14,
23;
29
Blair J
International law— State immunity— Foreign judgment— Claimant obtaining New York judgment against foreign state in respect of default on bonds— Claimant bringing claim in England on judgment debt— Statutory provision allowing for recognition of judgment of foreign court where court would have had jurisdiction on basis of rules applicable in United Kingdom— Whether provision jurisdictional— Whether applicable only if statutory exception to state immunity applying— Whether terms of bond amounting to submission to English jurisdiction—
State Immunity Act 1978 (c 33), ss 1, 3(1)(3)
—
Civil Jurisdiction and Judgments Act 1982 (c 27), s 31(1)
Practice— Claim form— Service out of jurisdiction— Claimant seeking to serve proceedings on foreign state— Claimant pleading state not immune from suit— Contention legally flawed— Whether claimant required to plead basis on which state prevented from relying on immunity— Defendant not in fact immune from suit— Whether discretion to set aside permission where originally granted on mistaken basis— Whether to be exercised—
CPR
r 6.20(9)