State Immunity Act 1978

JurisdictionUK Non-devolved
(1) A State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following provisions of this Part of this Act.(2) A court shall give effect to the immunity conferred by this section even though the State does not appear in the proceedings in question.(1) A State is not immune as respects proceedings in respect of which it has submitted to the jurisdiction of the courts of the United Kingdom.(2) A State may submit after the dispute giving rise to the proceedings has arisen or by a prior written agreement; but a provision in any agreement that it is to be governed by the law of the United Kingdom is not to be regarded as a submission.if it has instituted the proceedings; orsubject to subsections (4) and (5) below, if it has intervened or taken any step in the proceedings.claiming immunity; orasserting an interest in property in circumstances such that the State would have been entitled to immunity if the proceedings had been brought against it.(5) Subsection (3) (b) above does not apply to any step taken by the State in ignorance of facts entitling it to immunity if those facts could not reasonably have been ascertained and immunity is claimed as soon as reasonably practicable.(6) A submission in respect of any proceedings extends to any appeal but not to any counter-claim unless it arises out of the same legal relationship or facts as the claim.(7) The head of a State’s diplomatic mission in the United Kingdom, or the person for the time being performing his functions, shall be deemed to have authority to submit on behalf of the State in respect of any proceedings; and any person who has entered into a contract on behalf of and with the authority of a State shall be deemed to have authority to submit on its behalf in respect of proceedings arising out of the contract.a commercial transaction entered into by the State; oran obligation of the State which by virtue of a contract (whether a commercial transaction or not) falls to be performed wholly or partly in the United Kingdom.(2) This section does not apply if the parties to the dispute are States or have otherwise agreed in writing; and subsection (1) (b) above does not apply if the contract (not being a commercial transaction) was made in the territory of the State concerned and the obligation in question is governed by its administrative law.any contract for the supply of goods or services;any loan or other transaction for the provision of finance and any guarantee or indemnity in respect of any such transaction or of any other financial obligation; andany other transaction or activity (whether of a commercial, industrial, financial, professional or other similar character) into which a State enters or in which it engages otherwise than in the exercise of sovereign authority;(1) A State is not immune as respects proceedings relating to a contract of employment between the State and an individual where the contract was made in the United Kingdom or the work is to be wholly or partly performed the time when the proceedings are brought the individual is a national of the State concerned; orat the time when the contract was made the individual was neither a national of the United Kingdom nor habitually resident there; orthe parties to the contract have otherwise agreed in writing.(3) Where the work is for an office, agency or establishment maintained by the State in the United Kingdom for commercial purposes, subsection (2) (a) and (b) above do not exclude the application of this section unless the individual was, at the time when the contract was made, habitually resident in that State.(4) Subsection (2) (c) above does not exclude the application of this section where the law of the United Kingdom requires the proceedings to be brought before a court of the United Kingdom.a British citizen, a British Dependent Territories citizen F2a British National (Overseas) or a British Overseas citizen; ora person who under the British Nationality Act 1981 is a British subject; ora British protected person (within the meaning of that Act) (6) In this section “proceedings relating to a contract of employment” includes proceedings between the parties to such a contract in respect of any statutory rights or duties to which they are entitled or subject as employer or employee.(a) death or personal injury; or(b) damage to or loss of tangible property,any interest of the State in, or its possession or use of, immovable property in the United Kingdom; orany obligation of the State arising out of its interest in, or its possession or use of, any such property.(2) A State is not immune as respects proceedings relating to any interest of the State in movable or immovable property, being an interest arising by way of succession, gift or bona vacantia.(3) The fact that a State has or claims an interest in any property shall not preclude any court from exercising in respect of it any jurisdiction relating to the estates of deceased persons or persons of unsound mind or to insolvency, the winding up of companies or the administration of trusts.which is in the possession or control of a State; or

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