Terrorism And State Immunity

• Jurisdiction: European Union
• Author: Mr Steven Loble
• Law Firm: W Legal
• Published date: 24 November 2022

The English Commercial Court recently gave judgment in a case in which a number of the defendants claimed state immunity - Basel Hashwah and others v. Qatar National Bank (Q.P.S.C.) and others [2022] EWHC 2242 (Comm).

The claims arose out of the defendants' alleged participation in an alleged terrorist funding arrangement, by which funds were allegedly channelled to the Al- Nusra Front in Syria. The Defendants were individuals and entities associated with the State of Quatar.

Although the defendants denied the allegations, for the purpose of the state immunity application they agreed that the court should proceed on the basis that the claimants' allegations could be made out.

The Court considered a number of points,

• The Commercial transaction exception under s. 3 SIA (State Immunity Act 1978).
• The characterisation of the alleged acts as "state conduct", "public duty", or "the exercise of sovereign authority" such as to extend the immunity of the state to an agent under s1 of the SIA.
• Whether it would be...