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04 March 2016 / Khawar Qureshi KC
Issue: 7689 / Categories: Features , Public
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Immunity update

Khawar Qureshi QC reports on recent immunity decisions of the High Court

The English Courts have recently delivered two very significant rulings in the context of claims to state and diplomatic immunity by high-net worth foreign individuals who have asserted immunity to avoid being subjected to the jurisdiction of the court.

Both cases will be examined below and we will also consider a decision of the English High Court giving leave to enforce a high value Nigerian Court judgment against a Nigerian General (while refusing leave in respect of the President and Attorney General of Nigeria).

Estrada

Estrada v Al-Juffali [2016] EWHC 213 (Fam), concerned a13-year marriage between a high net worth Saudi and a former model that ended acrimoniously. The wife claimed financial relief pursuant to divorce proceedings issued on 13 August 2014. The thrice married husband was appointed Permanent Representative of St. Lucia to the International Maritime Organisation in April 2014 (which is a UN body with headquarters in London). He invoked immunity and applied to strike out the wife’s claims. St. Lucia was

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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