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27 November 2010
Issue: 7395 / Categories: Case law , Law digest
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Constitutional law

Empresa Nacional De Telecomunicaciones SA v Deutsche Bank AG [2009] EWHC 2579 (QB), [2009] All ER (D) 182 (Nov)

It was clear from the authorities that the public policy exception exception to the “act of state” doctrine existed within very narrow limits. It is concerned with violations of international law and/or with very grave breaches of fundamental universal human rights.

Where a foreign state had compulsorily acquired property there was scope for a range of views as to which rights of the expropriated party were such that they ought to be recognised in a domestic court and there was no rule of international law, whether in the nature of a human right or otherwise, that in no circumstances could property be compulsorily acquired by a state without compensation at least where there was no element of racial or religious discrimination involved.
 

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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