The Law Reports (Queen's Bench Division)
[2011] QB 8
Court of Appeal
NML Capital Ltd
v
Republic of Argentina
[2010] EWCA Civ 41
2009 Nov 18,
19;
2010 Feb 4
2010 Feb 4
Mummery, Aikens, Elias LJJ
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, 2
—
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)