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27 October 2017
Issue: 7767 / Categories: Case law , Law digest , In Court
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Constitutional law

Reyes and another v Al-Malki and another [2017] UKSC 61, [2017] All ER (D) 85 (Oct)

Where the first respondent’s functions as a diplomatic agent had come to an end in London, he had not been entitled to any immunity, under Art 31 of the Vienna Convention on Diplomatic Relations, and the residual immunity, under Art 39(2) of that Convention, could not apply, because the respondents’ employment or treatment of the appellant (a Philippine domestic worker, who had alleged human trafficking) had not amounted to acts performed in the course of the first respondent’s official functions. So held the Supreme Court in allowing the appellant’s appeal against the lower court’s decision that the employment tribunal had had no jurisdiction to hear her employment claims, because the first respondent had been entitled to diplomatic immunity, under Art 31, and the that his wife had been entitled to residual immunity.

Further, the court, in dismissing the respondents’ cross-appeal, agreed with the lower court that there had been valid service of the employment claim on the respondents.

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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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