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

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of litigation and dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
back-to-top-scroll