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Constitutional law

27 October 2017
Issue: 7767 / Categories: Case law , Law digest , In Court
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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.

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MOVERS & SHAKERS

Excello Law—five appointments

Excello Law—five appointments

Fee-share firm expands across key practice areas with senior appointments

Irwin Mitchell—Grace Morahan

Irwin Mitchell—Grace Morahan

International divorce team welcomes new hire

Switalskis—14 trainee solicitors

Switalskis—14 trainee solicitors

Firm welcomes largest training cohort in its history

NEWS
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
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