The Law Reports (King's Bench Division)
[2023] KB 195
Court of Appeal
Argentum Exploration Ltd
v
The Silver and all Persons Claiming to be Interested in, and/or Have Rights in Respect of, the Silver
[2022] EWCA Civ 1318
2022 March 15, 16;
July 5, 6, 7;
Oct 11
July 5, 6, 7;
Oct 11
Popplewell, Andrews, Elisabeth Laing LJJ
International law— State immunity— Statutory exception— Ship sinking while carrying cargo belonging to foreign government— Claimant salvaging cargo and bringing action in rem against cargo seeking salvage reward— Whether government immune as respects such action— Whether statutory exception to immunity applying by reason of cargo and ship being “in use … for commercial purposes” when cause of action arising— Whether Receiver of Wreck having power to determine salvage “due”—
State Immunity Act 1978 (c 33), s 10(4)(a)
—
Merchant Shipping Act 1995 (c 21), ss 226, 239
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