header-logo header-logo

Diplomacy

06 June 2014
Issue: 7609 / Categories: Case law , Law digest , In Court
printer mail-detail

R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2014] EWCA Civ 708, [2014] All ER (D) 212 (May)

Inviolability involved the placing of a protective ring around the ambassador, the embassy, and its archives and documents which neither the receiving state nor the courts of the receiving state might lawfully penetrate. However, if a relevant document had found its way into the hands of a third party, even in consequence of a breach of inviolability, it was prima facie admissible in evidence. The concept of inviolability had no relevance where no attempt was being made to exercise compulsion against the embassy. Inviolability, like other diplomatic immunities, was a defence against an attempt to exercise state power and nothing more. The universal definition of “inviolability” was freedom from any aspect of interference on the part of the receiving state. None of the definitions contained any reference to inadmissibility. 

 

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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll