UK Supreme Court Denies Bahrain State Immunity in Spyware Lawsuit

The UK Supreme Court has ruled that Bahrain cannot claim state immunity in a case brought by two dissidents alleging its government hacked their laptops with spyware. The court determined the alleged espionage occurred in Britain, allowing the case to proceed in London’s High Court.

The United Kingdom's Supreme Court ruled on Monday that Bahrain cannot claim state immunity to block a lawsuit by two dissidents. The case alleges the Bahraini government hacked their laptops with spyware to monitor their activities.

Plaintiffs Saeed Shehabi and Moosa Mohammed claim Bahrain infected their computers with monitoring software FinSpy around 2011. Living in Britain, they sued Bahrain at London's High Court in 2020, citing 'psychiatric harm' from the alleged hacking.

The Supreme Court's decision was passed by a three to two majority, noting that the alleged surveillance occurred in Britain, fitting the personal injury exception to state immunity under UK law. This ruling means the case will proceed in the High Court.