Summary
For recognition and enforcement at common law of a foreign judgment against a State, the foreign court must have had jurisdiction under English private international law. Submission may be inferred from the whole course of conduct. An appeal invoking the foreign court’s merits jurisdiction, without reserving a state-immunity or jurisdiction objection, may constitute submission even if the defendant took no part at first instance. A later jurisdiction objection cannot undo that submission. Under section 12 of the State Immunity Act 1978, service is complete when proceedings reach the foreign State’s Ministry of Foreign Affairs; acceptance, opening or reading is not required. In truly exceptional circumstances, service may alternatively be dispensed with. The court may award simple interest under section 35A of the Senior Courts Act, but not interest on post-judgment interest absent a sufficient basis.
Factual background
The insurers sought under CPR Part 8 to recognise and enforce a final judgment of the United States District Court for the District of Columbia, entered against Syria, Syrian Air Force Intelligence and General Muhammed Al Khuli. The judgment arose from losses connected with the hijacking of EgyptAir flight 648. The defendants did not appear in the English proceedings.
The central issues were whether service complied with section 12 of the State Immunity Act 1978 or should be dispensed with, and whether the defendants had submitted to the jurisdiction of the United States courts by appealing and taking other procedural steps. The court also determined interest and costs.
Held
Judgment for the claimants. The court proceeded in the defendants’ absence because they had received sufficient notice, had ample opportunity to attend, and there was no realistic prospect that an adjournment would secure their participation.
- Section 12 of the State Immunity Act 1978 imposes mandatory requirements for service on a State. Following Kuwait Airways Corp v Iraqi Airways Co (No.2) [1995] 1 W.L.R. 1147, the court held that service was complete when DHL brought the documents to the Syrian Ministry of Foreign Affairs and proffered them to its representative. Acceptance, opening or reading was unnecessary. Refusal to take the package did not prevent receipt at the Ministry.
- Alternatively, service could be dispensed with under CPR 6.16 and 6.28. The case was truly exceptional because diplomatic personnel had withdrawn, the Ministry refused delivery, no further reasonable step was available, and repeated communications were likely to have brought the proceedings to the defendants’ attention.
- Recognition of the United States judgment required jurisdiction under English private international law. Submission is determined by English law, having regard to all the circumstances and to the significance of the steps under the foreign law. The court followed SA Consortium General Textiles v Sun & Sand Agencies [1978] Q.B. 279 in treating an unqualified merits appeal as capable of constituting submission. The defendants’ notices of appeal, merits-based filings and voluntary dismissal of the appeal invoked the United States courts’ jurisdiction without reserving immunity or jurisdiction objections. The later reservation was too late.
- All three defendants submitted because the evidence showed that their common attorneys acted for each of them in the appeal. The other requirements for recognition at common law were also satisfied. The judgment was final and conclusive, concerned a definite compensatory sum, and was not impeachable for fraud, public policy or want of natural justice.
- Interest under section 35A of the Senior Courts Act was awarded on the principal United States judgment sum from 14 September 2015. It was not awarded on accrued post-judgment interest, because section 35A provides simple rather than compound interest. Costs were summarily assessed at £495,000, with interest at 2.5 per cent until the order and thereafter at the judgment rate.
The court’s approach to earlier authorities
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Key cases cited
22 authorities cited.
- Abela and others v Baadarani [2013] UKSC 44
- Rubin and another v Eurofinance SA and others [2012] UKSC 46
- NML Capital Limited v Republic of Argentina [2011] UKSC 31
- Ecobank Transnational Incorporated v Tanoh [2015] EWCA Civ 1309
- Bethell Construction Ltd & Anor v Deloitte and Touche [2011] EWCA Civ 1321
- AES Ust-Kamenogorsk Hydropower Plant Llp v Ust-Kamenogorsk Hydropower Plant JSC [2011] EWCA Civ 647
- Olafsson v Gissurarson [2008] EWCA Civ 152
- Harada Ltd. (t/a Chequepoint) v Turner [2003] EWCA Civ 1695
- R v Hayward (R v Purvis) [2001] EWCA Crim 168
- Anson v Trump [1998] 1 WLR 1404
- Swiss Life AG v Kraus (aka Moses Krausz) [2015] EWHC 2133 (QB)
- Pocket Kings Ltd v Safenames Ltd [2009] EWHC 2529 (Ch)
- EIB v Syrian Arab Republic CL-2017-000508
- Starlight International Inc v AJ Bruce and Others [2002] IL Pr 35
- Propend Finance Pty Ltd v Sing 1997 WL 1103759
- Kuwait Airways Corpn v Iraqi Airways Co (No 1) [1995] 1 WLR 1147
- Marc Rich & Co. A.G. v Società Italiana Impianti (The Atlantic Emperor) (No.2) [1992] I.L.Pr. 544
- Elefanten Schuh GmbH v Pierre Jacqmain Case C-150/80
- SA Consortium General Textiles v Sun and Sand Agencies Ltd [1978] QB 279
- Henry v Geoprosco International Ltd [1976] QB 726
- Bushwall Properties Ltd v Vortex Properties Ltd [1975] 1 WLR 1649
- Baker et al v Socialist People’s Libyan Arab Jamahirya et al Civil Action No. 03-cv-0749
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Cases citing this case
15 later cases · 9 positive · 2 neutral · 4 negative
Most senior citing decisions:
- General Dynamics United Kingdom Ltd v State of Libya [2021] UKSC 22 disapproved
- General Dynamics United Kingdom Ltd v The State of Libya [2019] EWCA Civ 1110 disapproved
- Nancy Carol Smithers & Anor v Persons Unknown [2026] EWHC 1907 (Comm) considered
- African Export-Import Bank v The National Government of the Republic of South Sudan & Anor [2025] EWHC 1079 (Comm)
- The European Union & Anor v The Syrian Arab Republic [2023] EWHC 1580 (Comm)
- The European Union & Anor. v The Syrian Arab Republic [2023] EWHC 1116 (Comm)
- Lonestar Communications Corporation LLC v Daniel Kaye & Ors [2023] EWHC 732 (Comm)
- The Official Receiver of the Bangkok of Commerce Public Company Limited v Rakesh Saxena & Ors [2023] EWHC 521 (Comm)
- David Tyler Moss & Ors. v Brian Martin & Anor. [2022] EWHC 2788 (Comm)
- UNIÓN FENOSA GAS, S.A. v ARAB REPUBLIC OF EGYPT [2020] EWHC 1723 (Comm)
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