State immunity — Jurisdictional immunity — Employment — State B employing driver at its embassy in Oslo — Claim for unfair dismissal — Civil Procedure Act — Whether State B enjoying State immunity in cases between embassy and private individual concerning working conditions — Absolute immunity — Doctrine of restrictive immunity — Distinction between acta jure imperii and acta jure gestionis — Whether activities of diplomatic mission in exercise of governmental authority — Rules of general international law on State immunity — Whether Norwegian courts having jurisdiction

Diplomatic relations — Diplomatic immunity — Employment contract — Dispute between embassy and private individual — Whether dispute could come before courts of State where embassy located — Foreign Service Act — Principles of general international law on State immunity — Embassy staff members — Whether position held relevant — Whether activities of embassy governmental acts — Whether Norwegian courts having jurisdiction

Relationship of international law and municipal law — State immunity — International rules — Regulation of contracts of employment between embassy and locally employed staff — Absolute immunity — Doctrine of restrictive immunity — Distinction between acta jure imperii and acta jure gestionis — Civil Procedure Act — Foreign Service Act — Whether activities of diplomatic mission in exercise of governmental authority — Whether Norwegian courts having jurisdiction — The law of Norway

Diplomatic relations — Privileges and immunities — Scope — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Immunity continuing to subsist in respect of acts performed in exercise of functions as member of mission — Claims of domestic servant — Whether act of employing domestic servant in exercise of functions of mission — Whether acts of discrimination being carried out in exercise of functions of mission — Whether diplomatic immunity applicable

Jurisdiction — Immunity — Diplomatic immunity — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Claims of domestic servant — Whether act of employing domestic servant in exercise of functions of mission — Whether acts of discrimination being carried out in exercise of functions of mission — Whether English courts having jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Former diplomat — Residual diplomatic immunity — Extent of immunity — Article 3 of Vienna Convention identifying functions — Whether act of employing domestic servant in exercise of functions of mission — Whether acts of discrimination being carried out in exercise of functions of mission — Whether diplomatic immunity applicable

Relationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Article 39(2) — Diplomatic Privileges Act 1964 — Article 39(2) of Vienna Convention set out in Schedule 1 of Act — Section 2(1) of Act providing that articles in Schedule 1 of Act having force of law in United Kingdom — Whether Article 39(2) applicable — Whether former diplomat enjoying residual immunity with respect to claims of domestic servant — The law of England

State immunity — Jurisdictional immunity — Employment — Foreign military base — United Kingdom national employed as civilian computer operator on United States military base in United Kingdom — State Immunity Act 1978 — Whether Section 16(2) applicable — Whether doctrine of restrictive immunity applicable under common law — Whether act de jure imperii or de jure gestionis — Whether contract kind that private individual could enter into — Whether performance of contract involving both parties in public functions of foreign State — Nature of breach of contract or other act of foreign State giving rise to proceedings — Whether investigation of claim involving investigation into public or sovereign acts of foreign State — Whether respondent entitled to immunity — The law of England

State immunity — Jurisdictional immunity — Failure to plead State immunity when required — Whether State immunity requiring domestic legislation to be inapplicable where a claim of State immunity may be relevant — Distinction between concepts of immunity and jurisdiction

Jurisdiction — Territorial — Whether United Kingdom legislating extraterritorially — United States military base in United Kingdom — United States dismissing civilian employees from base without consulting employee representatives — Obligation to consult under Section 188(1) of Trade Union and Labour Relations (Consolidation) Act 1992 (“TULRCA”) — Whether applicable to military base — United States acting in a jure imperii capacity — Whether exempted from obligation to consult — Whether United States breaching Section 188(1) of TULRCA as amended by 1995 Regulations

Relationship of international law and municipal law — Treaties — European Communities Act 1972 — TULRCA amended by 1995 Regulations — Implementation of EU Directive on Collective Redundancies — Construction of TULRCA — Obligation to consult — Whether applicable to military base — Whether applicable to jure imperii activity — Whether TULRCA consistent with principles of international law — Principle of international law that one State not legislating so as to affect jure imperii activity of another State — Applicability of principle of non-discrimination under international law and European Union law — 1995 Regulations extending beyond requirements of European Union law — Whether 1995 Regulations ultra vires Section 2(2) of European Communities Act 1972 — Whether United States breaching Section 188(1) of TULRCA as amended by 1995 Regulations — The law of the United Kingdom

State immunity — Jurisdictional immunity — General rule that foreign State immune unless exception to immunity applicable — Enforcement of foreign judgments — Proceedings for registration of judgment against foreign State given by foreign State — Human rights — Whether State immunity applicable for human rights breaches — State Immunity Act 1978, Sections 1 and 5 — The law of England

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Object and purpose — Action by domestic servant employed at residence of diplomatic agent — Vienna Convention on Diplomatic Relations, 1961, Article 31(1) — Whether employment of domestic servant a commercial activity — Relationship between Articles 31(1)(c) and 42 — Domestic servant a victim of trafficking — Diplomatic agent leaving position before hearing — Residual immunity under Article 39 — Immunity limited to acts performed in the exercise of official functions

Human rights — Prohibition of slavery — Trafficking in human beings — European Convention on Human Rights, Article 4 — United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000 (“the Palermo Protocol”) — Whether a norm of jus cogens — Whether overriding diplomatic immunity — Whether provisions of the Vienna Convention on Diplomatic Relations, 1961 to be read in light of the Palermo Protocol

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969, Articles 31 to 33 — Application to Vienna Convention on Diplomatic Relations, 1961 — Text — Object and purpose — Travaux préparatoires — The law of the United Kingdom

State immunity — Jurisdictional immunity — Embassy employment disputes — Domestic staff — Claims for infringement of employment rights — Whether claims barred by State immunity — State Immunity Act 1978 (“SIA”), Section 1 — Exceptions to immunity — Limitations to exceptions — Section 16(1)(a) of SIA — Section 4(2)(b) of SIA — Scope of immunity — Absolute immunity — Restrictive immunity — Whether starting point absolute or restrictive immunity — Distinction between jure gestionis and jure imperii — Customary international law — Whether rule of customary international law justifying Sections 4(2)(b) and 16(1)(a) of SIA — Whether United Kingdom having jurisdiction over respondent States — Whether Article 6 of European Convention on Human Rights, 1950 and Article 47 of Charter of Fundamental Rights of the European Union engaged

Diplomatic relations — Immunity from jurisdiction — Embassy employment disputes — Domestic staff employed locally — Whether members of mission — Vienna Convention on Diplomatic Relations, 1961, Article 1 — Whether Section 16(1)(a) of SIA applicable to claimants — Whether employment of domestic staff of diplomatic mission an act jure gestionis — Whether State entitled to State immunity in proceedings against employer embassies

Relationship of international law and municipal law — Treaties — European Convention on Human Rights, 1950, Articles 6 and 14 — Charter of Fundamental Rights of the European Union, Article 47 — Incorporation into English law — Sections 4(2)(b) and 16(1)(a) of SIA — Whether compatible — Whether Article 6 of European Convention engaged by claim to State immunity — Jurisprudence of European Court of Human Rights — Customary international law — Scope of State immunity — Whether starting point absolute or restrictive immunity — International Law Commission’s Draft Article 11 — United Nations Convention on Jurisdictional Immunities of States and their Property, 2004, Article 11 — Relevance — Whether Sections 4(2)(b) and 16(1)(a) of SIA having any basis in customary international law — Whether employer States entitled to immunity as regards claimants’ claims — Whether Sections 4(2)(b) and 16(1)(a) of SIA compatible with Article 6 of European Convention and Article 47 of EU Charter

Human rights — Right of access to court — State immunity — European Convention on Human Rights, 1950 — State Immunity Act 1978 — Claimants bringing proceedings against foreign States in relation to employment at embassy — Whether defendant States immune — Whether provisions of SIA barring claimants’ access to court — Whether recognition of immunity involving violation of right of access to courts — Whether infringement of Article 6 of European Convention and Article 47 of EU Charter

Human rights — Prohibition of discrimination — State immunity — European Convention on Human Rights, 1950 — Whether Section 4(2)(b) of State Immunity Act 1978 discriminating on grounds of nationality — Whether infringing Article 14 taken together with Article 6 of European Convention — The law of England

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servant a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether pursuit of academic studies a professional activity under Vienna Convention — Whether fraud recognized as an exception in Vienna Convention — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunity

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Intent of signatories — Ordinary meaning of terms in light of object and purpose — Liberal construction — Recourse to history, negotiations and practical construction adopted by parties if meaning unclear — Whether exceptions in Vienna Convention applicable — Whether defendants enjoying diplomatic immunity

Comity — Diplomatic relations — Diplomatic immunity enhancing relations among nations — Balancing rights of individual against benefits of diplomatic immunity — Policy decision — Whether appropriate for courts to intervene — Whether Court having jurisdiction — The law of the United States

State immunity — Jurisdictional immunity — Restrictive immunity — Proceedings with respect to employment contract — Whether United Arab Emirates immune from suit — Foreign Sovereign Immunities Act 1976 — Section 1605(a)(2) — Commercial activity exception — Whether applicable — Whether plaintiff civil servant under Act — Whether plaintiff’s work involving exercise of distinctly governmental powers — Nature of work — Irrelevance of purpose — Whether Act shielding United Arab Emirates from suit — The law of the United States

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servants against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servants a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether plaintiffs’ constitutional slavery claim giving way to diplomatic immunity — Whether defendants’ conduct constituting human trafficking — Whether jus cogens exception to diplomatic immunity — Whether Vienna Convention being overridden by statute — Diplomatic agent leaving post — Residual immunity under Article 39 — Immunity limited to acts performed in exercise of official functions — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunity

Human rights — Prohibition of slavery in United States Constitution — Whether conduct constituting trafficking in human beings — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention on Diplomatic Relations, 1961 — Whether defendants enjoying diplomatic immunity

Relationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — United States Constitution — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention — Whether Court having jurisdiction — The law of the United States

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant employed at residence of diplomatic agent — Certification of diplomatic status — Whether employment of domestic servant a commercial activity — Whether outside diplomat’s official function — Immunity limited to acts performed in exercise of official functions — Whether Court lacking jurisdiction

Treaties — Interpretation — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Commercial activity exception — Scope — Whether Foreign Sovereign Immunities Act and related case law relevant in determining scope of exception

Relationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — Diplomatic Relations Act — Whether Foreign Sovereign Immunities Act and related case law relevant in interpreting Vienna Convention — Balancing rights of individual against benefits of diplomatic immunity — Policy decision — Whether appropriate for courts to intervene — Whether Court having jurisdiction over complaints

Comity — Diplomatic relations — Diplomatic immunity enhancing relations among nations — Balancing rights of individual against benefits of diplomatic immunity — Policy decision — Whether appropriate for courts to intervene — Whether Court having jurisdiction — The law of the United States

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servant alleging that she had been trafficked and forced to work by former employers — Certification of diplomatic status of former employers — Whether diplomatic immunity continuing despite subsequent termination of diplomatic status — Whether commercial activity exception applicable to hiring of domestic servant — Whether subsequent attempts at service defective — Whether Court lacking jurisdiction — The law of the United States