The Law Reports (Queen's Bench Division)
[2016] QB 347
Court of Appeal
Benkharbouche v Embassy of the Republic of Sudan (Secretary of State for Foreign and Commonwealth Affairs and others intervening)
Janah v Libya (Secretary of State for Foreign and Commonwealth Affairs and others intervening)
[2015] EWCA Civ 33
2014 Nov 24,
25,
26,
2015 Feb 5
Lord Dyson MR, Arden, Lloyd Jones LJJ
Conflict of laws— Sovereign immunity— Employment— Domestic worker at London embassy— Claims for unfair dismissal and breach of working time provisions— Embassy claiming state immunity— Worker excluded by statute from exception for employees— Whether denial of access to enforcement of claims breach of Convention right to fair trial— Whether declaration of incompatibility to be granted— Whether statute to be disapplied in so far as incompatible with European Union law—
State Immunity Act 1978 (c 33), ss 4(2), 16
—
Human Rights Act 1998 (c 42), ss 3, 4, Sch 1, Pt I, arts 6, 14
—
Charter of Fundamental Rights of the European Union (2004), art 47