Zubaydah (also known as Husayn) v Foreign, Commonwealth and Development Office

Subject Matter

CONFLICT OF LAWS — Tort — Applicable law — Claim against defendants alleging vicarious liability for torts committed by others during detention of claimant in secret facilities in six countries outside United Kingdom — Whether applicable law that of England and Wales or countries in which alleged tortious events occurring — Whether general rule as to applicable law displaced — Whether applying law of six countries contrary to public policy — Private International Law (Miscellaneous Provisions) Act 1995 (c 42), ss 11, 12, 14

[2021] EWHC 331 (QB); [2021] 4 WLR 39; [2021] WLR(D) 118, QBD

CONFLICT OF LAWS — Tort — Applicable law — Claim that domestic authorities vicariously liable for torts committed by others during detention in secret facilities in six countries outside United Kingdom — Whether applicable law that of England and Wales or that of six countries in which events constituting alleged tort occurred — Whether general rule as to applicable law displaced — Private International Law (Miscellaneous Provisions) Act 1995 (c 42), ss 11, 12

[2022] EWCA Civ 334; [2022] 4 WLR 40; [2022] WLR(D) 125, CA

CONFLICT OF LAWS — Tort — Applicable law — Claimant arbitrarily detained by US authorities in secret facilities in six different countries — Claim in tort regarding acts and omissions of Secret Intelligence Service and Security Service in relation to claimant’s detention — Whether applicable law that of six countries in which claimant detained or that of England and Wales — Whether general rule as to applicable law displaced — Private International Law (Miscellaneous Provisions) Act 1995 (c 42), ss 11, 12

[2023] UKSC 50; [2024] 1 WLR 290; [2024] 3 All ER 469; The Times, 19 February 2024, SC(E)

Appellate History