Estate of Michael Heiser and 121 Others v. The Islamic Republic of Iran and the Iranian Ministry of Information and Security

Abstract

Jurisdiction — State immunity — Immunity from suit — Civil Jurisdiction and Judgments Act 1982, Section 31 — State Immunity Act 1978, Section 5 — Whether judgment against a State obtained in a foreign jurisdiction can be enforced in English courts

State immunity — Procedure — Service of proceedings on a foreign State — State Immunity Act 1978, Section 12 — Whether service of proceedings in compound of Ministry of Foreign Affairs of a foreign State constituting good service — Whether service was received by a foreign State where its Ministry of Foreign Affairs had refused to accept service — Whether service by email to Ministry of Foreign Affairs of a foreign State constituting good service

Relationship of international law and municipal law — Treaties — Human rights — Right to a fair trial — European Convention on Human Rights, 1950, Article 6 — State Immunity Act 1978, Section 5 — Civil Jurisdiction and Judgments Act 1982, Section 31(1)(b) — English court’s interpretation of United Kingdom legislation — Whether Article 6 of European Convention having role to play

Terrorism — State-sponsored terrorism — Money damages awarded in United States judgments — Whether act of State-sponsored terrorism governmental or private act — Whether Section 3 of State Immunity Act 1978 applicable — The law of England