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Reyes v Al-Malki
[2017] UKSC 61
Citation 1
…“exercising” a “commercial activity” within this exception. The Supreme Court has considered this question before in Al-Malki v Reyes [2017] UKSC 61; [2019] AC 735. The facts alleged in Reyes were similar to the facts alleged here, but with one important difference: in Reyes the diplomat’s posting ended during t…
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R v Tang
[2008] HCA 39
Citation 2
…was not that of employment freely entered into, so as to be an ordinary part of Mr Basfar’s daily life in the UK as a resident diplomat. And it shows that his conduct amounted to a commercial activity practised (in so far as it matters) for personal profit. (7) Does the claim “relate to” the alleged commercial a…
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Jones v Ministry of the Interior of the Kingdom of Saudi Arabia
[2006] UKHL 26
Citation 3
…have been superseded in any part by a Convention dealing with the rights of children. Still more difficult is it to conclude that that has been achieved in so sensitive an area, where the very purpose is to send diplomats and their families abroad safely, and entrust them to the compliance with the VCDR by the r…
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A v Secretary of State for the Home Department (No 2)
[2005] UKHL 71
Citation 4
…en agreeing to the terms of the [Diplomatic] Convention, the parties would have rejected any suggestion that the proceedings brought by Ms Reyes related to any commercial activity exercised by Mr Al-Malki”. He nevertheless considered that the meaning of article 31(1)(c) may have developed over the subsequent 56 y…
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[1992] 2 SCR 50
[1992] 2 SCR 50
Citation 5
…has been held by the US Ninth Circuit Court of Appeals that the act of hiring a personal domestic servant comes within the commercial activity exception to state immunity: Park v Shin , 313 F 3d 1138 (9th Cir 2002). The UK State Immunity Act 1978 contains (in section 4) a specific exception from state immunity fo…
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487 US 931
487 US 931
Citation 6
…n: CN and V v France (Application No 67724/09), 11 October 2012, paras 90-91; Chowdury v Greece (Application No 21884/15), 30 March 2017, para 99. To similar effect, a definition of “servitude” included in the seventh revised draft of the Palermo Protocol, though not in the final text, defined it as: “the con…
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[1981] AC 251
[1981] AC 251
Citation 7
…matter of international law: see Fothergill v Monarch Airlines Ltd [1981] AC 251; Reyes [2019] AC 735, para 10. Those principles are set out in the Vienna Convention on the Law of Treaties 1969 (the “Treaties Convention”). The general rule of interpretation is stated in article 31(1) of the Treaties Convention…
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[2007] 1 AC 270
[2007] 1 AC 270
Citation 8
…cogens) but where international law jurisdictional immunities nevertheless apply: see Jones v Ministry of the Interior of the Kingdom of Saudi Arabia [2007] 1 AC 270 (torture); Jurisdictional Immunities of the State (Germany v Italy) [2012] ICJ Rep 99 (war crimes).…
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[2014] 1 WLR 2889
[2014] 1 WLR 2889
Citation 9
…the meaning of the definition in the Palermo Protocol. Thus, of the ILO’s six indicators of forced labour, there might be argument about the existence of the second (restriction of movement) but, on the tribunal’s findings, there certainly existed the first (physical harm or threats of it), the fourth (withholding…
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Jalloh v Germany
[2006] 2 AC 221
Citation 10
…he terms of the [Diplomatic] Convention, the parties would have rejected any suggestion that the proceedings brought by Ms Reyes related to any commercial activity exercised by Mr Al-Malki”. He nevertheless considered that the meaning of article 31(1)(c) may have developed over the subsequent 56 years in accordanc…
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[2019] AC 735
[2019] AC 735
Citation 11
…e benefit of a diplomat where for one reason or another his activities do not comply with the article 42 prohibition.” Lord Sumption in Reyes [2019] AC 735, para 21(3), took the same view, which he thought was confirmed by the drafting history of the Diplomatic Convention: see para 38(1). Counsel for Mr Basfar h…
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[2016] 1 WLR 1785
[2016] 1 WLR 1785
Citation 12
…In Reyes [2016] 1 WLR 1785, paras 11-12, 16-17, the Court of Appeal agreed with the view of Laws J in Propend Finance Pty Ltd v Sing (1997) 111 ILR 611, 635, that the phrase “professional or commercial activity” is intended to have the same meaning in both article 31(1)(c) and article 42 and that, in the words of La…
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479 F Supp 2
479 F Supp 2
Citation 13
…60, 63-64 (DDC 2011); Fun v Pulgar , 993 F Supp 2d 470, 474 (DNJ 2014). Complaints were made in these cases that the claimant had been subjected to abusive working conditions and in two of them ( Sabbithi v Al Saleh and Fun v Pulgar ) the claimants alleged that they were victims of human trafficking. In each ca…
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605 F Supp 2
605 F Supp 2
Citation 14
…74 (DNJ 2014). Complaints were made in these cases that the claimant had been subjected to abusive working conditions and in two of them ( Sabbithi v Al Saleh and Fun v Pulgar ) the claimants alleged that they were victims of human trafficking. In each case, however, the federal district court simply held, foll…
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779 F Supp 2
779 F Supp 2
Citation 15
…the claimant had been subjected to abusive working conditions and in two of them ( Sabbithi v Al Saleh and Fun v Pulgar ) the claimants alleged that they were victims of human trafficking. In each case, however, the federal district court simply held, following Tabion v Mufti , that the commercial activity exce…
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993 F Supp 2
993 F Supp 2
Citation 16
…conditions and in two of them ( Sabbithi v Al Saleh and Fun v Pulgar ) the claimants alleged that they were victims of human trafficking. In each case, however, the federal district court simply held, following Tabion v Mufti , that the commercial activity exception to immunity was not applicable on the ground…
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Sabbithi v Al Saleh
(2009) 605 F Supp 2
Citation 17
…declined to waive immunity. The arguments put forward by the plaintiffs in Sabbithi relevant to the present appeal were (1) the defendants’ alleged trafficking of the plaintiffs fell within the “commercial activities” exception to immunity under the Diplomatic Convention; (2) diplomatic immunity could not bar the plai…
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Montuya v Chedid
(2011) 779 F Supp 2
Citation 18
…to the United Nations. She was supplied with an employment contract setting out favourable terms but once she arrived in the United States, the defendants confiscated her passport and put her immediately to work. She alleged that the defendants’ actions created a human trafficking and alien harbouring enterprise in o…
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Fun v Pulgar
(2014) 993 F Supp 2
Citation 19
…y is the Portuguese case of Fonseca v Larren 30 January 1991 reported in “State Practice regarding State Immunities” edited by the Council of Europe. This was an appeal before the Supremo Tribunal de Justiça. The report provided to us can be set out in its totality: “The State’s immunity from jurisdiction contained in…