State of Kuwait v Fevzi [1997] UKEAT 980_97_1811 (18 November 1997)
The matter presents difficulty in reconciling the tribunal's decision with the Court of Appeal's decision in Ahmed v The Government of the Kingdom of Saudi Arabia [1996] ICR 25; the issue of jurisdiction under Section 16(1) of the State Immunity Act 1978 requires full argument and cannot be resolved at the preliminary stage.
- Citation
- [1997] UKEAT 980_97_1811
- Parties
- Appellant: Appellant; Cultural Counsellor / Employer's Representative: Professor Ibrahim Al-Rifaiy
- Jurisdiction
- United Kingdom
- Judgment Date
- 18 November 1997
- Procedural Posture
- Preliminary Hearing / Preliminary
- Outcome
- Matter to proceed to full hearing
- Legal Topics
- State Immunity, Diplomatic Missions, Jurisdiction in Employment Contracts
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Appellant
Appellant
Professor Ibrahim Al-Rifaiy
Cultural Counsellor / Employer's Representative
Procedural Posture
Preliminary Hearing / Preliminary
Legal Issues
- 1 Whether the State Immunity Act 1978, Section 16(1), removes jurisdiction over employment claims by embassy staff
- 2 Distinction between 'members of the Mission' and those 'employed by members of the Mission'
Ratio Decidendi
The matter presents difficulty in reconciling the tribunal's decision with the Court of Appeal's decision in Ahmed v The Government of the Kingdom of Saudi Arabia [1996] ICR 25; the issue of jurisdiction under Section 16(1) of the State Immunity Act 1978 requires full argument and cannot be resolved at the preliminary stage.
Court Disposition
Matter to proceed to full hearing
Orders
- Matter allowed to go forward to a full hearing on the present grounds
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment