Mohamed v Breish and others

Constitutional law – Foreign sovereign state. The applicant sought among other things, a declaration that the Government of National Accord (the GNA) and its Presidency Council (the PC) had validly appointed him chairman of the Libyan Investment Authority (the LIA). The Chancery Division, in determining two preliminary issues, held that the question of which body represented or had at any material time represented the executive authority and Government of Libya fell to be determined, if it arose before the court, under English law. Further, that the executive authority and Government of Libya was, and had been since at least 19 April 2017, represented by the GNA and the PC.

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