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Kingdom of Spain v Lorenzo [2024] EWCA Civ 1602 (20 December 2024)
The Court of Appeal dismissed Spain’s appeal against a refusal of state and diplomatic immunity in an employment discrimination claim by a locally recruited embassy worker.
The Court of Appeal upheld the rejection of Spain’s immunity defences in Lydia Lorenzo’s Equality Act claims, holding the employment was not sovereign in character.
Diplomatic immunity under Article 31 of the Vienna Convention does not attach to the State as respondent in employment claims; State immunity does not apply to acts that are not inherently sovereign or governmental; section 4(2)(a) of the State Immunity Act 1978 must be disapplied as contrary to EU law, allowing the claims under the Equality Act 2010 to proceed.
Source excerpt
The EAT allowed the British Council’s appeal, holding that a hypothetical plea of immunity in the UAE did not create UK tribunal jurisdiction over UAE-based employment claims.
The Court of Appeal dismissed Barnet’s appeal, holding that diplomatic immunity under the DPA and VCDR was not incompatible with Article 3 ECHR and refusing a declaration of incompatibility.
AG (A Child), Re [2022] EWCA Civ 1505 (18 November 2022)
Court of Appeal held that diplomatic immunity under the VCDR was not incompatible with Article 3 ECHR and dismissed the child’s appeal.
The Employment Appeal Tribunal dismissed an appeal against findings that an unfair dismissal claim by a British Embassy worker in Tajikistan lacked territorial jurisdiction and was out of time.
Court of Appeal refused permission on household immunity, holding Juan Carlos was not part of King Felipe VI’s household, but granted permission on functional immunity issues.
Sayn-Wittgenstein-Sayn v HM Juan Carlos Alfonso Victor Maria de Borbon y Borbon [2022] EWCA Civ 1052 (26 July 2022)
The Court of Appeal refused permission on one immunity ground, granted it on three others, and held the former king was not within his son’s household for s.20(1)(b).
The Supreme Court held that a diplomat’s exploitation of a domestic worker in modern slavery can be a commercial activity, defeating immunity under Article 31(1)(c).
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