Argentum V The Silver Is The First Case Ever To Consider State Immunity Act S 10(4)(a) - Liisa Lahti

• Published date: 07 January 2021
• Subject Matter: Litigation, Mediation & Arbitration, Transport, Marine/ Shipping, Sovereign Immunity: Public Sector Government
• Law Firm: Quadrant Chambers
• Author: Mr Tom Nixon

OVERVIEW

Liisa Lahti was part of the legal team that has successfully resisted South Africa's claims of state immunity in respect of a cargo of silver bars (current value: '32 million) in Argentum Exploration Limited v The Silver [2020] EWHC 2323 (Admlty).

The silver was being carried on the SS Tilawa - a privately-owed merchant ship - during World War II. The Tilawa was sunk in international waters by Japanese torpedoes as she made the crossing from Mumbai to Durban, carrying (among other cargo) the silver for use by the South African Mint. The silver sank to depths which until recently had precluded salvage.
Argentum salved the silver in 2017 and brought it to Southampton, where it was declared to the Receiver of Wreck. Argentum also commenced proceedings in rem claiming salvage from the owner of the silver. South Africa claimed ownership of the silver but argued that it was immune from the proceedings in rem due to sovereign immunity. Resolution of the matter hinged on whether, for the purposes of s 10(4)(a) of the State Immunity Act 1978 ("SIA"), the silver and the Tilawa could be said to be "in use, or intended for use for commercial purposes" in 2017, being the time at which Argentum's cause of action against South Africa arose.

Judgment was handed down on 16 December 2020. Sir Nigel Teare (sitting as a judge of the High...