“…[1989] Ch 72 in support of his proposition, submitting that until there had been such a determination, the proceedings against the state could not continue and the Court ha…”
“… in whatever form and by whatever procedure the court may think appropriate, before the substantive action can proceed: J.H. Rayner Ltd. v. Department of Trade [1989] Ch 72 per Kerr LJ at 194 and Ralph Gibson LJ at 252. If there are disputed matters of fact upon which the claim for immunity would depend, then the court can direct …”