Empson v Smith

Subject Matter

CONFLICT OF LAWS — Sovereign immunity — Diplomatic immunity — Act of 1964 — Waiver — Technical 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, s 1 (3) — Diplomatic Privileges Act, 1964, s 4, Sch 1, arts 31, 37

[1966] 1 QB 426; [1965] 3 WLR 380

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 Privileges Act, 1964, s 4, Sch 1, arts 31, 37

[1966] 1 QB 426; [1965] 3 WLR 380

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

[1966] 1 QB 426; [1965] 3 WLR 380