22 January 2016
Re Iraqi Civilian Litigation [2015] EWCA Civ 1241, [2015] All ER (D) 80 (Dec)
In the course of the Iraqi Civilian Litigation, the Court of Appeal held that, as a matter of Iraqi law relating to limitation which the English court was bound to apply, and in respect of those heads of claim brought pursuant to rights under Iraqi law, the primary limitation period of three years was not suspended by operation of Art 435(1) of the Iraqi Civil Code as a result of the fact that Coalition Provisional Authority Order 17 had rendered it impossible for the claimants to claim their rights in Iraq.
