Confirmed: state immunity provisions must be disapplied for EU law claims (News, 9 February 2015)

Table of contents

• Impact of judgment
• Relevant background law
• The facts and previous decisions
• Benkharbouche
• Janah
• The EAT judgment
• The Court of Appeal judgment

Article summary

Sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978, which provide a State with immunity from all claims by certain employees, are incompatible with Articles 6 and 14 of the European Convention of Human Rights (ECHR). Since these provisions cannot be read down and given effect in a way compatible with the ECHR, a declaration of incompatibility will be made. For claims within the material scope of EU law, these provisions must be disapplied (and therefore these claims may proceed). For claims which fall outside the material scope of EU law, these provisions cannot be disapplied (and therefore these claims may not proceed). CA: Benkharbouche v Embassy of the Republic of Sudan, Janah v Libya.