- Cited — SA (Declaration of Non-Recognition of Marriage), Re 2023-08-30
“…015], that “the acceptability of a foreign law must be judged by contemporary standards”. This is based on Kuwait Airways Corp v Iraqi Airways Co (Nos 4 and 5) [2002] 2 AC 883, in which Lord Nicholls said, at [28]:…”
- Cited — Crane Bank Limited & Ors v DFCU Bank Limited & Ors 2023-07-26
“…s a grave infringement of human rights”. (Oppenheimer v Cattermole [1976] AC 249, 277–278, per Lord Cross; Kuwait Airways Corpn v Iraqi Airways Co(Nos 4 and 5) [2002] 2 AC 883; Yukos Capital (No 2), paras 69-72.)”…”
- Cited — Crane Bank Limited & Ors v DFCU Bank Limited & Ors 2023-07-26
“… of the rights concerned. This was something that Lord Hope in particular focussed upon in Kuwait Airways Corp v Iraqi Airways Co (Nos 4 and 5) [2002] UKHL 19; [2002] 2 AC 883, where he said at paragraph 140:…”
- Cited — The Secretary of State for Health & Anor v Servier Laboratories Limited & Ors 2023-07-03
“…ons over the Relevant Period. The question is, to adopt the language of Lord Nicholls in [Kuwait Airways Corpn v Iraqi Airways Co (Nos 4 and 5) [2002] UKHL 19, [2002] 2 AC 883], what is the extent of the loss for which Servier ought fairly or reasonably or justly to be held liable, given the reasons why the law has recognised a cause…”
- Cited — Anan Kasei Co Limited & Anor v Neo Chemicals & Oxides (Europe) Limited & Ors 2023-01-17
“…She then cited a passage from the speech of Lord Nicholls of Birkenhead in Kuwait Airways Corp v Iraqi Airways Co (Nos 4 and 5) [2002] UKHL 19, [2002] 2 AC 883 which I will set out a little more fully below.…”
- Cited — Koza Ltd & Anor. v Koza Altin Işletmeleri AS 2022-10-07
“… where there is a grave infringement of human rights” (Oppenheimer v Cattermole [1976] AC 249, 277-278, per Lord Cross of Chelsea; Kuwait Airways (Nos 4 and 5) [2002] 2 AC 883 and Yukos Capital (No 2), paras 69–72).…”
- Cited — Heathrow Airport Ltd & Ors v Her Majesty's Treasury (Rev 1) 2021-05-21
“…Kuwait Airways Corp v Iraqi Airways Co [2002] UKHL 19, [2002] 2 AC 883 was another case where the House of Lords had regard to the terms of an unincorporated measure of international law. Kuwait Airways sued Iraqi Airways for unla…”
- Cited — "Maduro Board" of the Central Bank of Venezuela v "Guaido Board" of the Central Bank of Venezuela 2020-10-05
“…er a territory. It did so in relation to the Iraqi occupation of Kuwait in 1990 (see Kuwait Airways Corpn v Iraqi Airways Co (Nos 4 and 5) [2000] EWCA Civ 284, [2002] 2 AC 883 at [350] in the judgment of this court).…”
- Cited — 365 Business Finance Ltd v Bellagio Hospitality WB Ltd & Anor 2020-05-06
“…rived of the use and possession of the goods: see e.g. Clerk & Lindsell on Torts (22nd Edn, 2018), para 17-07; Kuwait Airways v Iraq Airways Co [2002] UKHL 19; [2002] 2 AC 883, para 39.…”
- Cited — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…e of customary international law exists and whether it has been adopted into the common law); and Kuwait Airways Corporation v Iraqi Airways Co. (Nos. 4 and 5) [2002] 2 AC 883 and Belhaj v Straw [2017] UKSC 3; [2017] AC 964 (issues of international law relevant to determination of tort claims). This was recognised by the Supreme Cour…”
- Applied — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…exception also applies where the legislation in question is a serious violation of international law—see Kuwait Airways Corpn v Iraqi Airways Co (Nos. 4 and 5) [2002] 2 AC 883, 1081, para 29, per Lord Nicholls of Birkenhead.…”