The Law Reports (Queen's Bench Division)
[1966] 1 QB 426
[COURT OF APPEAL.]
EMPSON
v.
SMITH.
[Plaint No. T. 1088.]
1965 May 18,
26.
Sellers, Danckwerts and Diplock L.JJ.
Conflict of Laws
— Sovereign immunity
— Diplomatic immunity
— Act of 1964
— Waiver
— Technical and Administrative officer
— Tenancy agreement with officer employed by diplomatic mission
— Alleged breach of agreement
— Action for damages stayed on production of certificate that tenant a member of mission staff
— Act modifying privilege of technical and administrative officers
— Act passed while action subsisting
— Effect
—
Diplomatic Immunity (Commonwealth Countries and Republic of Ireland) Act, 1952 (15 & 16 Geo. 6 & 1 Eliz. 2, c. 18), s. 1 (3), Diplomatic Privileges Act, 1964 (c. 81), s. 4, sch. I, arts. 31, 37.
Practice
— Revival of proceedings
— Change of law
— Action stayed on ground of diplomatic immunity
— Change in law possibly depriving defendant of immunity
— Whether action still subsisting
— Whether action to be tried
—
Diplomatic Privilege Act, 1964, s. 4, sch. I, arts. 31, 37.
427
Statute
— Retroactive effect
— Diplomatic immunity
— Act limiting immunity to acts done in course of duty
— Whether procedural
— Effect on subsisting action stayed on ground of immunity
—
Diplomatic Privileges Act, 1964, art. 37.