The Law Reports (Appeal Cases)
[2011] 2 AC 495
Supreme Court
NML Capital Ltd
v
Republic of Argentina
[2011] UKSC 31
2011 March 29,
30;
July 6
Lord Phillips of Worth Matravers PSC, Lord Walker of Gestingthorpe, Lord Mance, Lord Clarke of Stone-cum-Ebony JJSC, Lord Collins of Mapesbury
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 for enforcement of New York judgment— Whether proceedings in England “relating to … a commercial transaction”— 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 2, 3(1)
—
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— Basis of contention legally flawed— Whether procedural error capable of remedy— Whether discretion to permit claimant to argue new bases for jurisdiction—
CPR
rr 3.10, 6.20(9)