The claims underlying this appeal raised issues of state immunity and time limits. It was agreed that appeals by the respondent on a preliminary issue under the State Immunity Act 1978 and subsequent liability had been presented 1,042 and 376 days out of time respectively so extension to extend time had been refused. Substantive issues are still being heard in higher courts in related proceedings while an appeal against remedy, brought in time, has been stayed pending this judgment.

The President, Lord Fairley, allowed both appeals as the courts have an overriding duty to ensure state immunity is properly applied, and that duty justifies extending time even where delay is substantial. The circumstances were indistinguishable from Kuwait v Mohamed, where an extension had been granted on similar facts though it is to be heard in the Court of Appeal. Both appeals were sifted to a full hearing, with no stay, though the parties were invited to apply for a 2027 hearing date once the Court of Appeal's decision is available.