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Kuwait Airways Corporation v Iraqi Airways Company and Another

The Times Law Reports International Law Reports Commercial Law Cases Cited authorities 48 Cited in 24 Precedent Map Related
JurisdictionEngland & Wales
JudgeMance J.
Judgment Date30 July 1998
CourtQueen's Bench Division (Commercial Court)
Date30 July 1998

Queen's Bench Division

Before Mr Justice Mance

Kuwait Airways Corporation
and
Iraqi Airways Company and Another

International law - whether acts of foreign state justiciable - relevance of conduct in international relations

Refusing to give effect to foreign law

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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17 cases
  • Kuwait Airways Corp. v. Iraqi Airways Co. et al., (2002) 291 N.R. 1 (HL)
    • Canada
    • May 16, 2002
    ...On these issues KAC achieved a large measure of success. Mance, J., held that IAC had wrongfully interfered with KAC's ten aircraft: see [1999] C.L.C. 31. Issues relating to causation, remoteness and amount of damages were tried by Aikens, J. He held that KAC had failed to establish it had ......
  • Kuwait Investment Office v Hard
    • United Kingdom
    • Employment Appeal Tribunal
    • January 1, 2022
    ...recognition arises. Where there is no such express statement, Hobhouse J in Somalia v Woodhouse and Mance J in Kuwait Airways (No 5) [1999] CLC 31 have demonstrated that it is not open to the courts to infer recognition from the conduct of HMG. Quite apart from the practical difficulties of......
  • Deutsche Bank AG London Branch and Others v Governor and Company of the Bank of England and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • January 1, 2020
  • Kuwait Airways Corporation v Iraqi Airways Company (Nos 4 & 5)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • March 27, 2002
    ...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......
    • Request a trial to view additional results

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