“…identifying at [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:…”
“…th who had the 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.…”
“…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…”
“…ists 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 Court in Serdar Mohammed v Ministry o…”
“…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…”