header-logo header-logo

Diluting diplomatic immunity?

10 March 2023 / Joseph Dyke , James McGlaughlin
Issue: 8016 / Categories: Features , Public , Human rights , Employment
printer mail-detail
113994
Can the trafficking & slavery of a domestic worker be considered ‘commercial activity’? Joseph Dyke & James McGlaughlin examine the Supreme Court’s judgment in Basfar v Wong
  • In Basfar v Wong, the Supreme Court’s minority explained their difficulty in accepting the majority’s conclusion that to employ domestic staff without payment in conditions akin to modern slavery makes the employment ‘commercial activity’.
  • The majority’s approach does not appear consistent with the English courts’ approach to other diplomatic immunity issues, begging the question: is now the time for legislative reform?

This case concerned the application of diplomatic immunity, a principle which protects certain foreign officials from the jurisdiction of local courts, and which is universally considered fundamental to international relations and the maintenance of international peace and security.

In Basfar v Wong [2022] UKSC 20, the Supreme Court rejected the defendant’s assertion of diplomatic immunity against claims brought against him by his former domestic servant. A majority of the Supreme Court held the claimant’s modern slavery and trafficking

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll