Kuwait Airways Corporation v Iraqi Airways Company and Another
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division (Commercial Court) |
| Judge | Mance J. |
| Judgment Date | 30 July 1998 |
| Date | 30 July 1998 |
Queen's Bench Division
Before Mr Justice Mance
International law - whether acts of foreign state justiciable - relevance of conduct in international relations
There was no absolute bar, under the principle of non-justiciability, which prevented English courts considering the conduct of a foreign state in its international relations. Such conduct was relevant when deciding whether an English court should, as a matter of public policy, refuse to give effect to a foreign law.
Mr Justice Mance so held in the Commercial Court of the Queen's Bench Division, in deciding in favour of the plaintiffs, Kuwait Airways
Corporation (KAC) that the defendants, Iraqi Airways Company (IAC) had wrongfully interfered with eight Airbus and two Boeing aircraft during Iraq's occupation of Kuwait.
In August 1990, Iraq invaded Kuwait and passed resolution 313 and 312 proclaiming the integration of Kuwait into Iraq. The plaintiff's aircraft, which were at Kuwait airport at the time of the invasion, were seized and removed to Iraq. On...
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Kuwait Airways Corporation v Iraqi Airways Company
...notice in that appeal IAC challenge a number of the findings made by Aikens J in his judgment. The judgment of Mance J is reported at [1999] CLC 31, and we will take our page references from that report. The judgment of Aikens J, which was laid out in numbered paragraphs, is reported at [20......
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Kuwait Airways Corporation v Iraqi Airways Company and another
...IAC then called expert evidence, it did not call any witnesses of fact. 50 Mance J delivered judgment on 29 July 1998 ( reported at [1999] CLC 31). His judgment dealt with issues relating to: - i) What acts amount to conversion as a matter of English law. ii) The Iraqi law of usurpation (ne......
- Deutsche Bank AG London Branch and Others v Governor and Company of the Bank of England and Others
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Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
...Notice in that appeal IAC challenge a number of the findings made by Aikens J in his judgment. The judgment of Mance J is reported at [1999] CLC 31, and we will take our page references from that report. The judgment of Aikens J, which was laid out in numbered paragraphs, is reported at [20......
