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SUPREME COURT JUDGMENT: BENKHARBOUCHE (Respondent) v Secretary of State for Foreign and Commonwealth Affairs (Appellant) and Secretary of State for Foreign and...

...Commonwealth Affairs and Libya (Appellants) v Janah (Respondents)

The Supreme Court has handed a landmark judgment upholding the decision of the Court of Appeal reported at [2015] ICR 793; [2015] EWCA Civ 33.

The judgment considers the issue of whether two provisions of the State Immunity Act 1978 are consistent with the European Convention on Human Rights and the European Union Charter of fundamental rights. The two provisions are section 4 (2) (b) and section 16 1 (a). The European Union Charter of fundamental rights provision is Article 47 and the European Convention on Human Rights provision is Article 6.The Supreme Court has handed a landmark judgment upholding the decision of the Court of Appeal reported at [2015] ICR 793; [2015] EWCA Civ 33. The judgment considers a wide ranging of constitutional and international law issues. These include jurisdictional issues, procedural and substantive bars, the test for identifying customary international law, the margin of appreciation in the context of Article 6, absolute/restrictive immunity, and the application of these principles to employment claims falling within the material scope of EU law.

Click here to read full judgment 

Arfan Khan led the 4A Law intervention on appeal to the Supreme Court and in the Court of Appeal and made written submissions on the above issues upholding the Court of Appeal judgment.

 NOTE: This summary is provided to assist clients. It does not form part of the reasons for the decision. The full judgment of the Court is the only authoritative document. The judgment is a public document and is available through the above link. 

Philip Alden / 20th Oct 2017


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