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State immunity provisions must be disapplied for EU law claims (SoS for Foreign and Commonwealth Affairs v Benkharbouche, SoS for Foreign and Commonwealth Affairs and Libya v Janah)

State immunity provisions must be disapplied for EU law claims (SoS for Foreign and Commonwealth Affairs v Benkharbouche, SoS for Foreign and Commonwealth Affairs and Libya v Janah)
Published on: 18 October 2017
Published by: LexisPSL
  • State immunity provisions must be disapplied for EU law claims (SoS for Foreign and Commonwealth Affairs v Benkharbouche, SoS for Foreign and Commonwealth Affairs and Libya v Janah)
  • Original news
  • What is the impact of this judgment?
  • What is the relevant background law?
  • What are the background facts?
  • Benkharbouche
  • Janah
  • What did the earlier appeal courts decide?
  • The EAT judgment
  • The Court of Appeal judgment
  • More...

Article summary

Employment analysis: Sections 4(2)(b) and 16(1)(a) of the State Immunity Act 1978 (SIA 1978), which provide a state with immunity from all claims by certain employees, are incompatible with Article 6 of the European Convention of Human Rights (ECHR) and Article 47 of the Charter of the European Union (EU). For employment 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), according to the Supreme Court. or take a trial to read the full analysis.

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