Basfar v Wong

Basfar v Wong

On the assumed facts, exploitation of a domestic worker by a diplomat in circumstances of modern slavery for personal profit constitutes a commercial activity exercised outside official functions under Article 31(1)(c) of the Vienna Convention. Therefore, the diplomat does not have immunity from civil jurisdiction for such claims.

Parties
Appellant: Josephine Wong; Respondent: Khalid Basfar
Jurisdiction
England and Wales
Judgment Date
06 July 2022
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed (majority); claim reinstated; dissenting opinion would dismiss appeal.
Legal Topics
Diplomatic Immunity, Modern Slavery, Human Trafficking, Forced Labour, Servitude
International Law Employment Law Human Rights Diplomatic Immunity Modern Slavery Human Trafficking Forced Labour Servitude

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 17 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Josephine Wong

Appellant

Khalid Basfar

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Does exploitation of a domestic worker by a diplomat constitute 'commercial activity' under Article 31(1)(c) of the Vienna Convention on Diplomatic Relations?
  2. 2 Does diplomatic immunity apply to claims of modern slavery, trafficking, forced labour, or servitude by domestic workers in diplomatic households?

Ratio Decidendi

On the assumed facts, exploitation of a domestic worker by a diplomat in circumstances of modern slavery for personal profit constitutes a commercial activity exercised outside official functions under Article 31(1)(c) of the Vienna Convention. Therefore, the diplomat does not have immunity from civil jurisdiction for such claims.

Court Disposition

Appeal allowed (majority); claim reinstated; dissenting opinion would dismiss appeal.

Orders

  • Employment tribunal judgment refusing to strike out Ms Wong’s claim reinstated.
  • Matter remitted for evidential hearing if facts are disputed.