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06 June 2014
Issue: 7609 / Categories: Case law , Law digest , In Court
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Diplomacy

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. 

 

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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