A claim was lodged against a former president as well as the current secretary of the European Commission of Human Rights. The former president, Sir Humphrey Waldock, was under the 1960 Order entitled to ‘the like immunity from legal process as is accorded to an envoy of a foreign sovereign power’. Held: With reference to … Continue reading Zoernsch v Waldock: CA 1964
DIPLOMATIC IMMUNITY The Claimant was employed by the Respondent diplomat to work as a domestic servant at his diplomatic residence in the UK, having previously been employed by him in his diplomatic household in Saudi Arabia. By her ET1 form she contended that she was a victim of international trafficking by the Respondent and had … Continue reading Basfar v Wong (Diplomatic Immunity): EAT 31 Jan 2020
An order was sought in care proceedings with regard to a child of a family where the father was a member of the administrative and diplomatic staff of a diplomatic mission. Held: Where a child was present in the UK at the time of the application, an English court had jurisdiction. Such a worker was … Continue reading In re B (A child) (Care proceedings: Diplomatic Immunity): FD 30 Jul 2002
A father returning home at end of a diplomatic posting, on his government’s orders had state (not diplomatic) immunity to take the child home with him. Citations: Times 02-Mar-1998 Statutes: Diplomatic Privileges Act 1964 Cited by: Appeal from – P v P (Diplomatic Immunity: Jurisdiction) CA 25-Mar-1998 A declaration as to abduction will not be … Continue reading P v P (Diplomatic Immunity Jurisdiction): FD 2 Mar 1998
Whether certain provisions of the Diplomatic Privileges Act 1964 (DPA) and the Vienna Convention on Diplomatic Relations 1961 (VCDR) are incompatible with article 3 of the European Convention on Human Rights and Fundamental Freedoms (ECHR) which provides that ‘[n]o one shall be subjected to torture or to inhuman or degrading treatment or punishment’ (article 3). … Continue reading Re AG (A Child): CA 18 Nov 2022
Proceedings were begun against Mr Smith, a member of the administrative staff of the Canadian High Commission in London, claiming damages under a private tenancy agreement. As the proceedings were commenced, he enjoyed the same immunity under the Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952 as the diplomatic staff of an ambassador. … Continue reading CA Empson v Smith: CA 1965
The wife filed a petition for a dissolution of her marriage to a diplomat attached to the United States embassy. At the time, he was immune, but the petition was allowed to proceed once the husband’s posting came to an end and he left the United Kingdom. Citations: [1979] F 62 Statutes: Diplomatic Privileges Act … Continue reading Shaw v Shaw: 1979
Judges: Newey J Citations: [2012] EWHC 105 (Ch), [2012] ICR 1283, [2012] 2 All ER 1195, [2012] 3 WLR 427, [2012] WLR(D) 13, [2013] Ch 80 Links: Bailii, WLRD Statutes: Diplomatic Privileges Act 1964 Jurisdiction: England and Wales Cited by: Cited – Reyes v Al-Malki and Another SC 18-Oct-2017 The claimant alleged that she had … Continue reading Wokuri v Kassam: ChD 30 Jan 2012
The court considered a claim to sovereign immunity made on behalf of respondents who were the half brother of the sovereign and his son. They lived apart from the sovereign but claimed to be members of his household. Held: The claims to immunity failed. Claims made by family members other than the very closest might … Continue reading Apex Global Management Ltd v FI Call Ltd and Others: ChD 19 Mar 2013
SCIT INCOME TAX – Appeal against a refusal of an ‘error or mistake’ claim: s.33 TMA 1970 – claim for exemption from UK income tax on emoluments received by reason of employment as member of the service staff of a diplomatic mission: article 37(3) of the Vienna Convention on Diplomatic Relations, 1961, having the force … Continue reading Jimenez v Inland Revenue: SCIT 23 Jun 2004
The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK … Continue reading Aziz v Aziz and others: CA 11 Jul 2007
Diplomatic Protection Lost to Public Domain The claimant challenged the use of a Marine Protected Area Order to exclude the Chagossians from their homelands on their British Indian Overseas Territory. They had sought to have admitted and used in cross examination of witnesses leaked diplomatic material which they said would show that the decision to … Continue reading Bancoult, Regina (on The Application of) (No 3) v Secretary of State for Foreign and Commonwealth Affairs: SC 8 Feb 2018
The claimants wished to make employment law claims alleging, inter alia, that they had suffered racial discrimination and harassment, and had been paid less than the national minimum wage aganst the respondents. They had been assessed as having been subject to human trafficking. They appealed against dismissal of their claims under section 31 the 1964 … Continue reading Reyes and Another v Al-Malki and Another: CA 5 Feb 2015
The claimant, displaced from the Chagos Archipelago, challenged a decision by the respondent to create a no-take Marine Protected Area arround the island which would make life there impossible if he and others returned. The respondent renewed his objection to the use of leaked materials, saying that this would be a breach of the Official … Continue reading Bancoult, Regina (on The Application of) v Secretary of State for Foreign and Commonwealth Affairs: Admn 11 Jun 2013
