Supreme Court to hear Kingdom of Bahrain’s claim of sovereign immunity against dissidents’ spyware claims
A Supreme Court hearing on 26-27 November 2025 will hear an appeal by the Kingdom of Bahrain, arguing that it has sovereign immunity against personal injury claims being brought by two dissidents now living in the UK.
Posted on 24 November 2025
Dr Saeed Shehabi and Moosa Mohammed allege the Bahraini government used German-made FinFisher surveillance software to infiltrate their computers while they were living in London, resulting in psychological harm.
The Court of Appeal upheld a High Court ruling that Bahrain does not have sovereign immunity against their claims.
However, the Kingdom of Bahrain is appealing the ruling, saying that judges have misinterpreted section 5 of the State Immunity Act 1978 and unduly broadened the scope of its exception to immunity.
The appeal gives the Supreme Court its first opportunity to clarify the meaning of section 5, which provides that a state does not have immunity from claims for personal injury caused by an act or omission which happened in the UK.
The ruling will also give clarity for other spyware claims being brought on behalf of clients by the international team at law firm Leigh Day.
Dr Shehabi and Mr Mohammed are represented by Leigh Day solicitor Ida Aduwa and senior partner, Martyn Day.
Political activists Dr Shehabi and Mr Mohammed allege that their laptops were infected at some point in September 2011 with malicious surveillance software, known as FinSpy a product made by the Gamma group. They believe that the infection was carried out, directed, authorised or caused by the Bahraini government or its agents.
FinSpy software can collect vast amounts of data from the devices it infects, including recording every keystroke, voice calls, messages, emails, calendar records, instant messaging, contacts lists, browsing history, photos, databases, documents and videos. It allows recording of live audio from the device’s microphone and camera.
In October 2024 the Court of Appeal ruled:
- The remote manipulation, from abroad, of a computer located in the United Kingdom is an act within the United Kingdom.
- A foreign state does not have immunity for personal injury caused by an act in the United Kingdom, even if other causative acts take place abroad.
- Personal injury under s.5 of the State Immunity Act 1978 includes standalone psychiatric injury.
The Court of Appeal decision followed a similar ruling to that given in 2022 in the case of Saudi dissident Ghanem Al-Masarir.
Dr Saeed Shehabi, stated:
“I am pleased with the outcome so far of the court case in regards to the hacking of my computer. It sends a clear message to foreign governments who pursue their peaceful political opponents with various means including intruding into their private lives and equipment.”
Moosa Mohammed commented:
“Our journey has now reached the highest court in the land. I have a duty to expose what I endured when I believe Bahrain hacked my computer. The impact has been devastating — especially for those who placed their trust in me, and for my friends and family.
"Abusive foreign states like Bahrain must be held accountable for wrecking our lives. They cannot be allowed to hide behind diplomatic immunity to advance their transnational repression on British soil.”
Ida Aduwa, senior associate solicitor at law firm Leigh Day, said:
“We welcome the opportunity for this matter to be considered by the Supreme Court. This case raises fundamental questions about accountability for the use of intrusive surveillance technology against political activists and members of civil society. Our clients, and many others we represent, have waited a long time for clarity on these issues. A decision at this level has the potential to provide much needed guidance and help victims understand the path forward in their pursuit of justice and accountability.”
Ida Aduwa
Ida is a senior associate in the international department
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