The UK Supreme Court ruled in Kingdom of Bahrain v. Shehabi and another that Bahrain cannot use state immunity under Section 5 of the State Immunity Act to halt a civil claim over its alleged deployment of FinSpy spyware against two Bahraini dissidents living in the United Kingdom. The claimants allege that the hacking and surveillance caused psychological harm.
The court found that remotely infecting and monitoring devices located in the UK can constitute causative acts occurring in the UK, even where the foreign state's operators acted abroad. The ruling allows the case to proceed before the High Court of Justice and gives UK-based exiles a clearer route to seek redress for foreign-state spyware operations, although the claimants must still prove Bahrain's attribution, causation, and qualifying injury or property damage.

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The High Court granted summary judgment to Saudi dissident Ghanem Al-Masarir after Saudi Arabia stopped defending the case, awarding approximately £100,000 in general damages and more than £2.5 million in consequential lost earnings. Al-Masarir had presented expert evidence that his iPhones were hacked with Pegasus under conduct directed or authorized by Saudi Arabia or its agents.
Yahya Assiri filed a claim alleging that Saudi Arabia targeted him with spyware between 2018 and 2020.
Yusuf Al-Jamri filed a claim alleging that Bahrain targeted his iPhone with Pegasus spyware in 2019. The High Court stayed the case pending the Shehabi judgment.
Rania Dridi filed a claim alleging that the United Arab Emirates targeted her with Pegasus spyware during broader surveillance of Al Jazeera journalists.
The High Court held that Bahrain was not immune under the State Immunity Act, finding that remotely infecting a computer located in the United Kingdom with spyware was a tortious act in the UK.
The two Bahraini dissidents filed a complaint alleging that Bahrain used FinSpy against their UK-based devices, causing harassment and diagnosed psychiatric injuries.
Saeed Shehabi and Moosa Mohammad alleged that their devices were targeted with FinSpy spyware beginning in 2011.
In Kingdom of Bahrain v. Shehabi and another, the UK Supreme Court held that Bahrain could not invoke state immunity at the jurisdictional stage over alleged FinSpy surveillance of UK-based Bahraini dissidents. The Court held that causative acts against devices in the UK can satisfy the State Immunity Act exception even when foreign-state operators act from abroad, returning the case to the High Court for consideration on its merits.
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