State Immunity
The doctrine that a sovereign state cannot be sued in the courts of another state without its consent. In the UK, governed by the State Immunity Act 1978, with exceptions for commercial transactions and personal injury.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
The starting point of the State Immunity Act 1978 is a general immunity: a State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following provisions of this Part of this Act. Without more, a foreign state cannot be sued in the UK courts at all.
The Act then carves out significant exceptions to that general rule. Section 3 removes immunity where the claim relates to a commercial transaction entered into by the State, or to an obligation of the State which by virtue of a contract falls to be performed wholly or partly in the United Kingdom — reflecting the modern, 'restrictive' theory of state immunity, under which a state trading commercially is treated much like a private party rather than as exercising sovereign authority.
Related terms
Official sources
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