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State Immunity Act 1978

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6 Ownership, possession and use of property.E+W+S+N.I.

(1)A State is not immune as respects proceedings relating to—

(a)any interest of the State in, or its possession or use of, immovable property in the United Kingdom; or

(b)any obligation of the State arising out of its interest in, or its possession or use of, any such property.

(2)A State is not immune as respects proceedings relating to any interest of the State in movable or immovable property, being an interest arising by way of succession, gift or bona vacantia.

(3)The fact that a State has or claims an interest in any property shall not preclude any court from exercising in respect of it any jurisdiction relating to the estates of deceased persons or persons of unsound mind or to insolvency, the winding up of companies or the administration of trusts.

(4)A court may entertain proceedings against a person other than a State notwithstanding that the proceedings relate to property—

(a)which is in the possession or control of a State; or

(b)in which a State claims an interest,

if the State would not have been immune had the proceedings been brought against it or, in a case within paragraph (b) above, if the claim is neither admitted nor supported by prima facie evidence.

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