Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs; Secretary of State for Foreign and Commonwealth Affairs and another v Janah (AIRE Centre and another intervening) [2017] UKSC 62, [2017] All ER (D) 84 (Oct)
On the proper understanding of the customary international law concerning state immunity, so far as the State Immunity Act 1978 ss 4(2)(b) and 16(1)(a) conferred immunity, they were incompatible with Art 6 of the European Convention on Human Rights and Art 47 of the Charter of Fundamental Rights of the EU. Accordingly, the Supreme Court held that those sections would not apply to the respondent embassy domestic workers’ employment claims against Sudan and Libya derived from EU law, and made a declaration of incompatibility.
