1952

UK

USA and France v Dollfus Mieg [1952] AC 582

The plaintiffs claimed, as owners, the return of 51 gold bars taken by the Germans in the IIWW and recovered by the American Forcer and then deposited by the US, UK & France governments with the Bank of England under a contract of bailment, pending restitution proceedings.

The main proceedings were against the Bank, but the foreign governments claimed immunity successfully because they have been directly impleaded had the case gone ahead, since the bars had been deposited ‘in the exercise of sovereign authority’ [Adopted later in 3.3.c & 6.4 SIA 1978]