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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll