“…acts any private individual could carry out (see [68]). This was a formulation he took from Lord Goff’s speech in Kuwait Airways Corp v Iraqi Airways Co (No.1) [1995] 1 WLR 1147 at 1160A, which was merely a shorthand summary. If an act is one that no private citizen – and only a government – could carry out, it is necessarily a public …”
“… of the Act took extreme care to define the concept of commercial transactions in section 3 “in the widest terms”. In Kuwait Airways Corporation v Iraqi Airways[1995] 1 WLR 1147 Lord Goff of Chieveley described it at p. 1159 as a “very broad definition”. In our view no process of construction of the subsection, however restrictive, cou…”