Al-Kadhimi & Ors v Saudi Arabia [2003] EWCA Civ 1689 (19 November 2003)

Al-Kadhimi & Ors v Saudi Arabia [2003] EWCA Civ 1689 (19 November 2003)

The State Immunity Act 1978, by reference to the Vienna Convention, bars employment tribunal jurisdiction over claims by embassy administrative and technical staff against a foreign state; the doctrine of estoppel cannot override this statutory bar; individuals cannot invoke the International Court of Justice's jurisdiction in such matters.

Citation
[2003] EWCA Civ 1689
Parties
Appellant/applicant: JHF Al-Kadhimi, A Elsawey, M Saad, AW Savage, M Ali, AS El-Homosany, M Solieman, A Hassan, M Gournati, M Taja; Respondent/respondent: Government of Saudi Arabia
Jurisdiction
England and Wales
Judgment Date
19 November 2003
Procedural Posture
Appeal From Employment Appeal Tribunal / Application for Permission to Appeal to Court of Appeal
Outcome
application for permission to appeal refused
Legal Topics
State Immunity, Constructive Unfair Dismissal, Estoppel, Jurisdiction of Employment Tribunals, Interpretation of Vienna Convention
Employment Law Public International Law State Immunity Constructive Unfair Dismissal Estoppel Jurisdiction of Employment Tribunals Interpretation of Vienna Convention

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 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

JHF Al-Kadhimi, A Elsawey, M Saad, AW Savage, M Ali, AS El-Homosany, M Solieman, A Hassan, M Gournati, M Taja

Appellant/applicant

Government of Saudi Arabia

Respondent/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether the State Immunity Act 1978 bars employment tribunal jurisdiction over claims by embassy staff against a foreign state
  2. 2 Whether the doctrine of estoppel can prevent the assertion of state immunity
  3. 3 Whether the interpretation of 'members of a mission' under the Vienna Convention includes administrative and technical staff

Ratio Decidendi

The State Immunity Act 1978, by reference to the Vienna Convention, bars employment tribunal jurisdiction over claims by embassy administrative and technical staff against a foreign state; the doctrine of estoppel cannot override this statutory bar; individuals cannot invoke the International Court of Justice's jurisdiction in such matters.

Court Disposition

application for permission to appeal refused

Orders

  • application for permission to appeal refused
  • copy of judgment to be sent to parties at public expense