Jersey Law Reports

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You are here: BAILII >> Databases >> Jersey Law Reports >> FG Hemisphere v D.R. Congo [2011] JLR 486 (14 July 2011)
URL: http://www.bailii.org/je/cases/JLR/2011/JLR110486.html
Cite as: [2011] JLR 486

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FG Hemisphere v D.R. Congo 2011 JLR 486 (14 July 2011)

Administrative Law-organ of state-test-company separate from but wholly owned by state is organ of state (and liable to state's creditors) if (a) constitutional position; or (b) under government control and exercises governmental functions-government control indicates more than mere ownership by state but less than company having no meaningful independent existence-satisfied if company has no strategic control, even if some day-to-day freedom-functions requirement satisfied if, in whole context, principal functions and activities broadly governmental-engaging in trade or commerce not determinative-burden of proof on party seeking to prove exercise of governmental functions

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