Boru Hatlari Ile Petrol Tasima AS and others v Tepe Insaat Sanayiii AS

Immunity – State immunity. The appellant company's appeal failed. The Privy Council held that certain shares were not immune from any process of enforcement under the State Immunity Act 1978 as extended to Jersey by the State Immunity (Jersey) Order, 1985 (the SIA 1978). The application of s 13(2)(b) of the Act turned on the straightforward question of whether the property against which enforcement was sought was property of a state. In the present case, all that was relied on was mere control, which was not property in that sense.

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