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ICLG·4 min read·hard

Bahrain cannot claim state immunity over alleged UK spyware campaign

R
Robert Harkavy
Bahrain cannot claim state immunity over alleged UK spyware campaign
✦AI Summary

The UK Supreme Court ruled that Bahrain cannot claim state immunity in a lawsuit brought by two dissidents alleging they were targeted by state-sponsored spyware. The 3-2 decision allows the case to proceed in English courts, despite concerns from dissenting judges about international law implications.

Why it matters

This ruling sets a significant legal precedent regarding the territorial reach of state immunity in cases involving digital surveillance and cyber-harassment.

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The Supreme Court has ruled that Bahrain cannot claim state immunity over alleged spyware attacks, with dissenting judges warning that the decision could place the UK in breach of international law.

In a fascinating split decision clarifying the territorial reach of the State Immunity Act 1978 in the digital age, the Supreme Court has ruled that the Kingdom of Bahrain cannot rely on state immunity to defeat claims brought by two UK-based Bahraini dissidents who allege they were subjected to years of covert surveillance through spyware installed on their computers.

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