- Applied — Crane Bank Limited & Ors v DFCU Bank Limited & Ors 2023-07-26
“…The Kirkpatrick Exception was summarised by Lord Lloyd-Jones as set out at [14] above. In Belhaj v Straw [2017] AC 964, Lord Sumption, referencing the decision in Kirkpatrick, stated at [240] that the doctrine “applies only where the invalidity or unlawfulness of the state’s so…”
- Cited — GW Pharma Limited & Anor v Otsuka Pharmaceutical Co, Limited 2022-11-08
“…However, Lord Mance returned to this point in Belhaj v Straw [2017] AC 964, which concerned the alleged complicity of UK officials in torts allegedly committed by the UK and other states overseas, with the act of state doctrine raised…”
- Cited — Koza Ltd & Anor. v Koza Altin Işletmeleri AS 2022-10-07
“…feriority of judicial acts but rather reflects a shared understanding of how courts should behave under the rule of law. As Lord Mance put it in Belhaj v Straw [2017] AC 964, para 73(ii):…”
- Cited — Koza Ltd & Anor. v Koza Altin Işletmeleri AS 2022-10-07
“…[113] four possible rules which were to be treated as aspects of the doctrine, derived from the judgment of Lord Neuberger PSC in Belhaj v Straw [2017] UKSC 3; [2017] AC 964. Mr Scott referred in particular to the first two:…”
- Cited — Koza Ltd & Anor. v Koza Altin Işletmeleri AS 2022-10-07
“…[2017] AC 964, para 121…”
- Cited — Zayn Al-Abidin Muhammad Husayn v The Foreign and Commonwealth Office 2022-03-16
“…n facts. These were R (Al-Jedda) v Secretary of State for Defence[2006] EWCA Civ 327, [2007] QB 621, Belhaj v Straw[2013] EWHC 4111 (QB), [2014] EWCA Civ 1394, [2017] AC 964, Serdar Mohammed v Ministry of Defence[2014] EWHC 1369 (QB), and Rahmatullah v Ministry of Defence[2019] EWHC 3172 (QB).…”
- Cited — Zayn Al-Abidin Muhammad Husayn v The Foreign and Commonwealth Office 2022-03-16
“…burden of pleading the applicable provisions of foreign law, a point which does not arise here. The case subsequently went to the Supreme Court ([2017] UKSC 3, [2017] AC 964), but not on the issue of applicable law.…”
- Cited — "Maduro Board" of the Central Bank of Venezuela v "Guaido Board" of the Central Bank of Venezuela 2020-10-05
“…Turning to the issue of justiciability, the judge referred to Belhaj v Straw [2017] UKSC 3, [2017] AC 964 as deciding that there are three rules forming the doctrine of foreign act of state pursuant to which the court will not readily adjudicate upon the lawfulness…”
- Cited — Mohamed v Breish & Ors 2020-05-15
“…of the one voice principle subsumed other doctrines of non-justiciability or act of state which were carefully delimited by the Supreme Court in Belhaj v Straw [2017] AC 964. I detect no such confusion, conflation or subsumption. There are separate and distinct steps in the inquiry in cases in which the doctrines arise. The first i…”
- Cited — Mohamed v Breish & Ors 2020-05-15
“…of the one voice principle subsumed other doctrines of non-justiciability or act of state which were carefully delimited by the Supreme Court in Belhaj v Straw [2017] AC 964. I detect no such confusion, conflation or subsumption. There are separate and distinct steps in the inquiry in cases in which the doctrines arise. The first i…”
- Cited — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…r 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 Court in Serdar Mohammed v Ministry of Defence [2017…”
- Cited — Ukraine v The Law Debenture Trust Corporation Plc (Rev 1) 2018-09-14
“…The leading authority in relation to issue (2) is Belhaj v Straw [2017] UKSC 3; [2017] AC 964. The relevant claim concerned a Libyan citizen and his Moroccan wife who were detained overseas by officials in China, Malaysia and Thailand and then removed b…”