Estrada v Juffali

In a landmark judgment, the High Court has dismissed an application for diplomatic immunity by a Saudi Arabian businessman on the basis that he had been appointed as the St Lucian representative to the International Maritime Organisation. In an claim brought by his former wife for a financial settlement for herself and their daughter, the judge held that, "I am satisfied that what has transpired here is that H has sought and obtained a diplomatic appointment with the sole intention of defeating W's claims consequent on the breakdown of their marriage. H has not, in any real sense, taken up his appointment, nor has he discharged any responsibilities in connection with it. It is an entirely artificial construct.”

The judge also held that given such a finding it would be contrary to Article 6 ECHR to uphold immunity: "If 'functionality' is extracted from the equation, because no functions have been discharged or, to adopt Diplock LJ's terms, the diplomat is not 'en poste', there can remain only unjustified privilege or immunity linked solely to the private activities of an individual. If such is the case both the policy considerations and the proportionality of restriction cannot be justified in convention terms and cannot be said to pursue a legitimate claim sufficient to eclipse W's right of access to a court.”

Tom Hickman represented Ms Estrada as junior Counsel instructed by Hughes Fowler Carruthers.