Wokuri v Kassam

Wokuri v Kassam

The court was not satisfied that Ms Kassam's employment of Ms Wokuri was performed in the exercise of her functions as a member of the mission. The evidence indicated the employment relationship was private, originating before Ms Kassam became a diplomat, and there was no proof that the employment was transferred to or paid by the High Commission. Therefore, Ms Kassam was not entitled to residual diplomatic immunity under Article 39(2) in respect of Ms Wokuri's claims.

Parties
Claimant: Ms Daphine Wokuri; Defendant: Ms Mumtaz Kassam
Jurisdiction
England and Wales
Judgment Date
30 January 2012
Procedural Posture
Civil / Interlocutory Application to Discharge Previous Order and Challenge Jurisdiction Based on Diplomatic Immunity
Outcome
Application dismissed
Legal Topics
Diplomatic Immunity, Employment Contracts, Jurisdiction
Employment Law International Law Diplomatic Immunity Employment Contracts Jurisdiction

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Daphine Wokuri

Claimant

Ms Mumtaz Kassam

Defendant

Procedural Posture

Civil / Interlocutory Application to Discharge Previous Order and Challenge Jurisdiction Based on Diplomatic Immunity

Legal Issues

  1. 1 Whether the defendant, a former diplomat, is entitled to diplomatic immunity under Article 39(2) of the Vienna Convention in respect of claims by a domestic employee
  2. 2 Whether the acts complained of were performed in the exercise of the defendant's functions as a member of the mission

Ratio Decidendi

The court was not satisfied that Ms Kassam's employment of Ms Wokuri was performed in the exercise of her functions as a member of the mission. The evidence indicated the employment relationship was private, originating before Ms Kassam became a diplomat, and there was no proof that the employment was transferred to or paid by the High Commission. Therefore, Ms Kassam was not entitled to residual diplomatic immunity under Article 39(2) in respect of Ms Wokuri's claims.

Court Disposition

Application dismissed

Orders

  • Ms Kassam's application to discharge the order of 4 October 2011 is dismissed