Khawar Qureshi QC reports on recent immunity decisions of the High Court
The English Courts have recently delivered two very significant rulings in the context of claims to state and diplomatic immunity by high-net worth foreign individuals who have asserted immunity to avoid being subjected to the jurisdiction of the court.
Both cases will be examined below and we will also consider a decision of the English High Court giving leave to enforce a high value Nigerian Court judgment against a Nigerian General (while refusing leave in respect of the President and Attorney General of Nigeria).
Estrada
Estrada v Al-Juffali [2016] EWHC 213 (Fam), concerned a13-year marriage between a high net worth Saudi and a former model that ended acrimoniously. The wife claimed financial relief pursuant to divorce proceedings issued on 13 August 2014. The thrice married husband was appointed Permanent Representative of St. Lucia to the International Maritime Organisation in April 2014 (which is a UN body with headquarters in London). He invoked immunity and applied to strike out the wife’s claims. St. Lucia was invited by the UK Foreign Office to waive the husband’s
