Database
The immunities of States and international organisations
This database contains the original national contributions bringing together information on The immunities of States and international organisations
Information on the contribution
- Member State
- United Kingdom
- Themes
- Type of document
- Jurisprudence
- Permanent link to the contribution
- http://www.cahdidatabases.coe.int/C/Immunities/United Kingdom/2015/283
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Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 05/02/2015
Database of the CAHDI "The immunities of States and international organisations" - contribution of United Kingdom - Jurisprudence of 05/02/2015
Benkharbouche v. Sudan; Jannah v. Libya
Author(ity)
Court of Appeal
Date of the decision, of the judgment
05/02/2015
Points of law
1) These cases arose out of employment dispute between service staff and their employer, the Sudanese and Libyan embassies in London. The Court of Appeal decided in these cases that that immunity conferred by two sections of the State Immunity Act 1978 interferes unreasonably with the ECHR right to a fair trial (Article 6) and discriminates on ground of nationality (article 14).2) The Court issued a declaration that sections 16(1)(a) and 4(2)(b) of the State Immunity Act 1978 are incompatible with the Human Rights Act as they apply to these claims. This does not of itself affect the continuing application of those section.
3) The Court held that the two provisions are also incompatible with Article 47 of the EU Charter (for the same reasons). As EU law takes precedence over conflicting UK law, the Court has therefore ordered these provisions to be dis-applied in respect of that part of the claims that is ‘within the scope of EU law’.
