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Constitutional law – Act of state. The claimants issued proceedings against the defendant government bodies and officers arising from their alleged participation in the claimants' unlawful abduction, kidnapping and removal to Libya. The Court of Appeal, Civil Division, held that the claimants' claim was not barred by the doctrine of state immunity, nor by the act of state doctrine given considerations of public policy on grounds of violations of human rights and international law. Further, it had not been premature to determine that foreign law applied and to put the burden on the claimants to plead their case on foreign law.
Constitutional law – Act of state. The claimants issued proceedings against the defendant government bodies and officers arising from their alleged participation in the claimants' unlawful abduction, kidnapping and removal to Libya. The Court of Appeal, Civil Division, held that the claimants' claim was not barred by the doctrine of state immunity, nor by the act of state doctrine given considerations of public policy on grounds of violations of human rights and international law. Further, it had not been premature to determine that foreign law applied and to put the burden on the claimants to plead their case on foreign law.
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