header-logo header-logo

10 March 2023 / Joseph Dyke , James McGlaughlin
Issue: 8016 / Categories: Features , Public , Human rights , Employment
printer mail-detail

Diluting diplomatic immunity?

113994
Can the trafficking & slavery of a domestic worker be considered ‘commercial activity’? Joseph Dyke & James McGlaughlin examine the Supreme Court’s judgment in Basfar v Wong
  • In Basfar v Wong, the Supreme Court’s minority explained their difficulty in accepting the majority’s conclusion that to employ domestic staff without payment in conditions akin to modern slavery makes the employment ‘commercial activity’.
  • The majority’s approach does not appear consistent with the English courts’ approach to other diplomatic immunity issues, begging the question: is now the time for legislative reform?

This case concerned the application of diplomatic immunity, a principle which protects certain foreign officials from the jurisdiction of local courts, and which is universally considered fundamental to international relations and the maintenance of international peace and security.

In Basfar v Wong [2022] UKSC 20, the Supreme Court rejected the defendant’s assertion of diplomatic immunity against claims brought against him by his former domestic servant. A majority of the Supreme Court held the claimant’s modern slavery and trafficking

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

NEWS
Mr Justice Nicklin’s decision to order costs on an indemnity basis may be a ‘significant win’ but it’s still ‘far from game, set and match’ for Associated Newspapers, a former costs judge has said
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
back-to-top-scroll