Boris Becker ends diplomatic immunity defence from bankruptcy – The Guardian

Posted December 4th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘The former world No 1 tennis player Boris Becker has dropped his claim to have diplomatic immunity from bankruptcy. The three-time Wimbledon champion had argued his appointment by the Central African Republic as a sporting, cultural and humanitarian attache to the European Union meant he could not be subjected to legal proceedings.’

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The Guardian, 3rd December 2018

Source: www.theguardian.com

Brexit as a revolution – Law Pod UK

Posted October 18th, 2018 in brexit, diplomats, EC law, podcasts by sally

‘Professor Catherine Barnard has this exclusive interview with Sir Ivan Rogers, the former UK Ambassador to the EU, following his speech to Trinity College Cambridge last week. They discuss the themes of this speech which can be found in full on the Trinity College website.’

Boris Becker claims diplomatic immunity to avoid bankruptcy – The Independent

Posted June 15th, 2018 in bankruptcy, diplomats, immunity, news by tracey

‘Former world tennis number one Boris Becker has claimed diplomatic immunity from bankruptcy proceedings – citing his role as a sports attache to the Central African Republic.’

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The Independent, 15th June 2018

Source: www.independent.co.uk

Britain rejects request to grant Julian Assange diplomatic status amid reports of Ecuadorean citizenship – Daily Telegraph

Posted January 11th, 2018 in asylum, citizenship, diplomats, embassies, extradition, news by tracey

‘The Foreign Office turned down a request from the Ecuadorian government to grant Julian Assange diplomatic status, amid reports the WikiLeaks founder may have received citizenship from the Andean country.’

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Daily Telegraph, 11th January 2018

Source: www.telegraph.co.uk

Reyes v Al-Malki – Blackstone Chambers

Posted October 20th, 2017 in diplomats, immunity, news, trafficking in human beings by sally

‘The Supreme Court has unanimously found that a former diplomat would not be entitled to diplomatic immunity in relation a claim of human trafficking brought by a domestic worker because the worker’s employment and alleged treatment would not constitute acts performed in the course of the diplomat’s official functions (within the meaning of Articles 31(1)(c) and 39(2) of the 1961 Vienna Convention on Diplomatic Relations).’

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Blackstone Chambers, 18th October 2017

Source: www.blackstonechambers.com

Supreme Court: state immunity rules incompatible with Article 6 – UK Human Rights Blog

Posted October 20th, 2017 in diplomats, news, state immunity, unfair dismissal by sally

‘If you work for an embassy in London and are not a UK national, you cannot sue your employing state when you get unfairly dismissed. But if you enter a commercial contract with the same embassy, you can sue them.’

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UK Human Rights Blog, 20th October 2017

Source: ukhumanrightsblog.com

Domestic workers win supreme court case against Saudi diplomat – The Guardian

Posted October 19th, 2017 in appeals, diplomats, immunity, news, Supreme Court, trafficking in human beings by tracey

‘Two domestic workers who say they were exploited by a Saudi diplomat in London have won a major victory in the supreme court after judges ruled that their employer was no longer protected by diplomatic immunity.’

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The Guardian, 18th October 2017

Source: www.theguardian.com

Video Link Evidence in the Commercial Court: Potential Pitfalls – Hardwicke Chambers

‘In the 21st century commercial practitioners often approach the question of whether the court will hear evidence by video link as one of practicality. Questions they will commonly ask themselves include the following: will the witness be in London during the trial timetable? Will the witness be able to find time (and obtain consent from a current employer) to fly to London? Where physically could the video evidence be given and is that a suitable location? How sure can the court be that the witness is not receiving clandestine assistance “off-camera”? How secure is the video link and what is the sound and picture quality? Indeed in preparing a case that involves a number of witnesses who live and work overseas the possibility of live video evidence may well feature in trial preparation as a necessity rather than an option.’

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Hardwicke Chambers, 27th March 2017

Source: www.hardwicke.co.uk

EU citizens living in the UK could face legal limbo after Brexit – The Guardian

Posted February 20th, 2017 in brexit, diplomats, documents, EC law, identification, immigration, news, treaties by sally

‘The EU fears millions of its nationals living in the UK will be left stranded in a legal no man’s land after the country leaves the EU because of the weaknesses of the British immigration system, a document obtained by the Observer reveals.’

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The Guardian, 18th February 2017

Source: www.guardian.co.uk

UK must remain under EU law during Brexit transition, diplomats say – The Guardian

Posted February 6th, 2017 in brexit, courts, diplomats, EC law, markets, news, referendums by sally

‘EU diplomats have warned the Foreign Office that the UK will not be able to leave the jurisdiction of the European court of justice (ECJ) if there is to be a transition period while details of Brexit are negotiated.’

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The Guardian, 3rd February 2017

Source: www.guardian.co.uk

Diplomats in UK ‘avoiding prosecution for serious crimes’ – The Guardian

Posted July 22nd, 2016 in child abuse, diplomats, immunity, news, prosecutions, sexual offences by sally

‘Diplomatic officials working in Britain have allegedly used their immunity to avoid prosecution for serious criminal offences including child pornography and human trafficking, Boris Johnson has told parliament.’

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The Guardian, 21st July 2016

Source: www.guardian.co.uk

Ex-model wins ‘record’ £53m cash settlement in divorce battle – The Guardian

‘A former model has been awarded a £53m cash settlement in a high court divorce battle with her Saudi billionaire ex-husband.’

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The Guardian, 8th July 2016

Source: www.guardian.co.uk

Finance & Divorce Update, April 2016 – Family Law Week

‘Edward Heaton, Principal Associate and Jane Booth, Associate, both of Mills & Reeve LLP analyse the news and case law relating to financial remedies and divorce during March 2016.’

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Family Law Week, 8th April 2016

Source: www.familylawweek.co.uk

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) – WLR Daily

Estrada v Al-Juffali (Secretary of State for Foreign and Commonwealth Affairs intervening) [2016] EWCA Civ 176

‘The parties were married in September 2001 and had one daughter born in October 2002. The husband, a Saudi national, was a businessman of substantial means who married again in 2012 when the parties’ marriage broke down. On their divorce the wife applied for financial relief under Part III of the Matrimonial and Family Proceedings Act 1984. The husband applied to strike out the wife’s application , claiming immunity from suit as the permanent representative of St Lucia to the International Maritime Organisation (“IMO”), a post to which he had been appointed on 1 April 2014. The United Kingdom was required, as a matter of international law, to grant privileges and immunities to personal representatives of member states to the IMO in accordance with the Specialised Agencies Convention and the Headquarters Agreement. A permanent representative was entitled to the same immunity from suit and legal process as the head of a diplomatic mission, except that, by article 15 of the International Maritime Organisation (Immunities and Privileges) Order 2002), a permanent representative who was permanently resident in the United Kingdom was only entitled to immunities and privileges in respect of his official acts. The Foreign Secretary certified that the Foreign Office had been informed by the IMO of the husband’s appointment as permanent representative of St Lucia, of his arrival date and had not been notified that his diplomatic functions had terminated. Although on the face of it that certificate was conclusive evidence of the husband’s appointment by virtue of section 8 of the International Organisations Act 1968, the judge balanced the husband’s claim to immunity against the wife’s rights to access to the courts under article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms. He concluded that the husband had not undertaken any duties or performed any functions as permanent representative, that the appointment was an artificial construct to defeat the wife’s claims on the breakdown of the marriage and that, since the husband was permanently resident in the United Kingdom, he was entitled to immunity only in respect of official acts performed in the exercise of his functions. In consequence the judge refused to strike out the wife’s claim.’

WLR Daily, 22nd March 2016

Source: www.iclr.co.uk

Hammond criticises judge for stripping diplomatic immunity from Saudi billionaire – The Guardian

Posted March 22nd, 2016 in appeals, diplomats, divorce, immunity, judges, ministers' powers and duties, news by sally

‘Phillip Hammond, the foreign secretary, has taken the highly unusual step of criticising a high court judge’s decision to strip diplomatic immunity from a Saudi billionaire facing divorce proceedings from his estranged wife.’

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The Guardian, 22nd March 2016

Source: www.guardian.co.uk

Diplomats use Vienna Convention to fight London basement digout – Daily Telegraph

Posted January 11th, 2016 in appeals, diplomats, housing, news, planning, treaties by tracey

‘An argument over an extension plan next door to the French embassy in London has gone global as an unlikely alliance of diplomats has formed, citing the 1961 Vienna Convention, in a bid to kill it off.’

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Daily Telegraph, 9th January 2016

Source: www.telegraph.co.uk

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) – WLR Daily

Al-Malki and another v Reyes and another (Secretary of State for Foreign and Commonwealth Affairs and others intervening) [2015] EWCA Civ 32; [2015] WLR (D) 75

‘A contract of employment between a serving diplomatic agent and a domestic worker in his official diplomatic residence was not to be characterised as “commercial activity” which the diplomatic agent exercised in the jurisdiction outside of his “official functions”, so that in a claim under the contract the agent was not deprived of his immunity from civil suit by the employee since such a dispute did not come within the exception to diplomatic immunity under article 31.1(c) of the Vienna Convention on Diplomatic Relations (1961), scheduled to the Diplomatic Privileges Act 1964.’

WLR Daily, 5th February 2015

Source: www.iclr.co.uk

Yapp v Foreign and Commonwealth Office – WLR Daily

Yapp v Foreign and Commonwealth Office [2014] EWCA Civ 1512; [2014] WLR (D) 501

‘The withdrawal, on operational grounds, of the claimant from his position in the diplomatic service as a British High Commissioner constituted a breach of his contract of employment by the Foreign and Commonwealth Office, but such a withdrawal was not a breach of the latter’s common law duty of care. The development of psychiatric illness suffered by the claimant in consequence of the withdrawal was too remote to foresee for a claim for compensation’

WLR Daily, 21st November 2014

Source: www.iclr.co.uk

Diplomat to chair Bar Standards Board – Legal Futures

Posted July 24th, 2014 in barristers, diplomats, news by sally

‘Sir Andrew Burns, a career diplomat, has been chosen to replace Baroness Ruth Deech as chair of the Bar Standards Board (BSB) from 1 January 2015.’

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Legal Futures, 22nd July 2014

Source: www.legalfutures.co.uk

The laws that allow intelligence agencies to spy on foreign diplomats – The Guardian

“The powers that allow Britain’s intelligence agencies to spy on individuals, including foreign diplomats, were set out in the 1994 Intelligence Services Act (ISA). They were framed in a broad way to allow those involved in espionage to conduct all manner of operations with ministerial authority, and the types of techniques used during the G20 summit four years ago suggest a creativity and technological capability that Ian Fleming could only have dreamed of.”

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The Guardian, 16th June 2013

Source: www.guardian.co.uk