The WLR Daily case summaries
[2017] WLR (D) 691
Supreme Court
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)
[2017] UKSC 62
2017 Oct 18
Baroness Hale of Richmond PSC, Lord Wilson, Lord Sumption JJSC, Lord Neuberger of Abbotsbury, Lord Clarke of Stone-cum-Ebony
Conflict of laws— Sovereign immunity— Employment— Domestic workers at London embassies— Claims for unfair dismissal and breach of working time provisions— Embassies claiming state immunity— Workers excluded by statute from exception for employees— Whether denial of access to enforcement of claim breach of Convention right to fair trial— Whether declaration of incompatibility appropriate— Whether statute to be disapplied in so far as incompatible with European Union law—
State Immunity Act 1978 (c 33), ss 4(2), 16
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Human Rights Act 1998 (c 42), Sch 1, Pt I, arts 6, 14
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Charter of Fundamental Rights of the European Union
, art 47