Royal Embassy of Saudi Arabia (Cultural Bureau) v Costantine

Subject Matter

INTERNATIONAL LAW — State immunity — Appeal — Employment tribunal rejecting embassy’s claim to state immunity — Embassy appealing but not attending or represented at appeal hearing — Whether Court of Appeal under duty to consider immunity despite state’s non-appearance — State Immunity Act 1978 (c 33), s 1(2)

[2025] UKSC 9; [2025] 1 WLR 1207; [2025] ICR 768; [2025] 3 All ER 97; [2025] IRLR 636; [2025] WLR(D) 133, SC(E)

INTERNATIONAL LAW — State immunity — Employment — Member of administrative and technical staff at embassy bringing discrimination and harassment claim in employment tribunal — Whether embassy enjoying immunity in respect of claim — State Immunity Act 1978, ss 1, 16(1)(aa)

[2025] UKSC 9; [2025] 1 WLR 1207; [2025] ICR 768; [2025] 3 All ER 97; [2025] IRLR 636; [2025] WLR(D) 133, SC(E)

Commentary

Littleton chambers
Duty to determine state immunity of own motion applies to all courts and tribunals Case comment

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