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
Translations
THIS DOCUMENT CAN BE QUOTED AS FOLLOWS:
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’.

Summary of the case

n/a

Sources

[2015] EWCA Civ 33

Additional information (explanations, notes, etc.)

This case is subject to an outstanding appeal to the Supreme Court.