Judgment Date: 29 Jan 2009
Where the question of sovereign immunity was addressed on an application for an order granting permission to serve out of the jurisdiction on a foreign state, but on the basis of a mistaken legal analysis, the court had a discretion to set aside the order, even where the mistake was an innocent one, but was not bound to do so where on a correct legal analysis the state was not in fact immune from suit. Civil Jurisdiction and Judgments Act 1982 s.31 dealt comprehensively with the recognition and enforcement of the judgments of foreign courts against states, as to both jurisdictional immunity and enforcement.
View case