This page mainly applies to England and Wales. Scotland and Northern Ireland may have different rules — check the jurisdiction before relying on this information.
Last amended by State Immunity Act 1978 (Amendment) Order 1985 in 1985. Extended immunity provisions.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
Implements the restrictive doctrine of state immunity in UK law. Foreign states are generally immune from the jurisdiction of UK courts, subject to exceptions for commercial transactions, employment contracts, personal injury or damage to property, and other specified categories.
Key Points
- General immunity for foreign states
- Exception for commercial transactions (s.3)
- Exception for personal injury/property damage in UK (s.5)
- Exception for employment contracts (s.4)
- Diplomatic immunity governed by separate legislation
- General rule of state immunity
- Exceptions for commercial transactions, personal injury, employment
- Diplomatic immunity distinct from state immunity
Parts & Sections
Amendments History
1985 — State Immunity Act 1978 (Amendment) Order 1985
Extended immunity provisions.
Frequently asked questions
- Can I sue a foreign state in the UK for a commercial dispute?
- A foreign state is not immune from UK court jurisdiction if the proceedings relate to a commercial transaction entered into by that state. This exception allows individuals or businesses to pursue legal action against a foreign state in the UK if the dispute concerns a commercial deal or agreement. The Act specifically carves out these commercial interactions from the general rule of immunity to ensure commercial disputes can be resolved in UK courts.
- Does state immunity apply if I was injured in the UK by a foreign state?
- Yes, a state is not immune in proceedings for personal injuries or damage to tangible property if the act or omission causing the harm occurred in the United Kingdom. This provision allows victims of accidents or property damage in the UK to bring claims against a foreign state, provided the incident took place on UK soil. It is a specific exception to the general rule of state immunity designed to protect individuals injured within the jurisdiction.
- Is diplomatic immunity the same as state immunity under this Act?
- No, diplomatic immunity is governed by separate legislation and is distinct from state immunity. While the State Immunity Act 1978 deals with the jurisdiction of UK courts over foreign states, diplomatic immunity concerns the protection afforded to diplomatic personnel and missions. These are two different legal concepts, and the Act specifically notes that diplomatic immunity is not covered by its provisions but by other laws.