State Immunity

The doctrine that a foreign state is immune from the jurisdiction of the courts of another state and that its property is immune from enforcement measures. In England and Wales, the State Immunity Act 1978 codifies the restrictive doctrine of state immunity, providing immunity as the default but with significant exceptions for commercial transactions.

In practice

State immunity can be a complete bar to enforcement against foreign state assets in England. However, the exceptions in the 1978 Act are important: a state is not immune in respect of commercial transactions, contracts to be performed in the UK, employment contracts, personal injury, or property in the UK. Even where jurisdiction is established, enforcement against state property requires a further exception under section 13 of the Act.