Family Law Hub

Al Atiyya v Al Thani [2016] EWHC 212 (QB)

Statute, published: 28/03/2016

Items referring to this

  • Appeal against an order dismissing the husband's application to strike out the wife's claim for financial relief pursuant to Part III of the Matrimonial and Family Proceedings Act 1984 ("the 1984 Act") on the basis that he was entitled to immunity as Permanent Representative of St Lucia to the International Maritime Organisation ("IMO"), a position to which he was appointed on 1 April 2014. The judge held that (i) He is not entitled in principle to immunity because he had not discharged any functions as a Permanent Representative and his appointment was an "artificial construct" designed to defeat the jurisdiction of the court; and (ii) in any event, he is not entitled to immunity because he was "permanently resident" in the UK and so, if he was in principle entitled to immunity, it was only in respect of official acts performed in the exercise of his functions. The appeal was dismissed. Judgment, 22/03/2016, free

Published: 28/03/2016

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