Supreme Court dismisses Bahrain's immunity appeal in spyware case despite minority warning that this breaks international law

Insight

27.07.2026

The Supreme Court has today dismissed the Kingdom of Bahrain's appeal in The Kingdom of Bahrain v Shehabi and another [UKSC/2024/0152], by a 3–2 majority, holding that Bahrain is not entitled to state immunity in respect of civil claims brought by two UK-based activists who allege they were targeted with spyware by agents acting on Bahrain's behalf from abroad.

Jehad Mustafa, Head of Farrer & Co's Sovereign Advisory practice, has extensive experience advising states, embassies and diplomats on state immunity and consular law, says:

"The consequences of this judgment are likely to be profound. By holding that a foreign state can face proceedings in England for sovereign conduct overseas, the UK has become an outlier in the international community. The decision will likely make London the preferred forum for a range of claims against states. Some may welcome this, but it will likely have a major effect on the UK's international relations.

The Supreme Court's 3–2 majority underscores just how difficult and important this case was. Most strikingly, the dissenting judges concluded that the UK will be in breach of international law as a result of this decision.

Such a stark disagreement at Supreme Court level is exceptional and ensures that the judgment will be scrutinised closely by states, diplomats and international lawyers around the world."

This judgment requires the close attention of states, diplomatic missions and their advisers, particularly those with a presence or interests in London. We will continue to monitor developments and are on hand to advise on the practical implications.

See the full judgment here: The Kingdom of Bahrain (Appellant) v Shehabi and another (Respondents) - UK Supreme Court

Volterra Fietta (London) acted for the Appellant (The Kingdom of Bahrain), while Leigh Day (London) acted for the Respondents (Dr Saeed Shehabi and Mr Moosa Mohammed).

For further comment or advice, contact Jehad Mustafa.

This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.