Abusabib and Another v. Taddese

Abstract

Diplomatic relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Claims of domestic servant — Whether act of employing domestic servant in exercise of functions of mission — Whether acts of discrimination being carried out in exercise of functions of mission — Whether diplomatic immunity applicable

Jurisdiction — Immunity — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Claims of domestic servant — Whether act of employing domestic servant in exercise of functions of mission — Whether acts of discrimination being carried out in exercise of functions of mission — Whether English courts having jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Extent of immunity — Article 3 of Vienna Convention identifying functions — Whether act of employing domestic servant in exercise of functions of mission — Whether acts of discrimination being carried out in exercise of functions of mission — Whether diplomatic immunity applicable

Relationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Diplomatic Privileges Act 1964 — Article 39(2) of Vienna Convention set out in Schedule 1 of Act — Section 2(1) of Act providing that articles in Schedule 1 of Act having force of law in United Kingdom — Whether Article 39(2) applicable — Whether former diplomat enjoying residual immunity with respect to claims of domestic servant — The law of England