Enforcement of foreign judgments and the state immunity defence (Heiser v Iran)

Article summary

Dispute Resolution analysis: The Islamic Republic of Iran (Iran) has successfully resisted an attempt to enforce twelve US judgments obtained against it, on the grounds of state immunity. In a wide-ranging decision, the High Court held that Iran had not submitted to the High Court’s jurisdiction by steps taken in the enforcement proceedings to date. It also concluded it had not submitted to the jurisdiction of the US court for the purposes of recognition and enforcement of the foreign judgment under the Civil Jurisdiction and Judgments Act 1982 (CJJA 1982). This decision provides useful guidance regarding the requirements for enforcing foreign judgments against States in the English courts. It also clarifies the application of section 5 of the State Immunity Act 1978 (SIA 1978) (the ‘personal injury’ exception) in the context of the wider ‘terrorism’ exception under the equivalent US legislation. Written by Harriet Campbell, PSL, with Sue Millar, partner and Stephen Ashley, of counsel, at Stephenson Harwood LLP.