Sierra Leone Telecommunications Co. Ltd. -v- Barclays Bank plc

Timothy Saloman QC
Alistair Schaff QC

[1998] 2 All ER 821

Timothy Saloman Q.C. led Alistair Schaff in a Conflict of laws matter – Contract – Proper law of contract – Bank – English bank holding account for Sierra Leone company owned by Sierra Leone government – Company’s articles of association providing that board of directors to consist of eight members appointed by ‘the Government of Sierra Leone’ – Mandate completed authorising four signatories to sign payment requests on company’s behalf – Coup subsequently taking place, new board appointed by junta and authority of signatories purportedly revoked – Whether mandate determined – Whether law governing contract English law – Contracts (Applicable Law) Act 1990, Sch 1, art 4.

Conflict of laws – Foreign government – Recognition – Articles of association of Sierra Leone company owned by Sierra Leone government providing that board of directors to consist of eight members appointed by ‘the Government of Sierra Leone’ – Company holding bank account with English bank and mandate completed authorising four signatories to sign payment requests on company’s behalf – Coup subsequently taking place, new board appointed by junta and authority of signatories purportedly revoked – Whether junta ‘the Government of Sierra Leone’ – Whether authority of signatories validly revoked.

Date added: February 6th, 1998


Area of Expertise

Banking & Finance