Estrada v Juffali

In an important judgment on the scope of diplomatic immunity, the Court of Appeal 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 Court of Appeal ruled that the individual was not entitled to immunity because he was “permanently resident” in the United Kingdom.

The Court of Appeal also clarified the scope of the ability of the Court to determine whether or not a person appointed as a diplomat is acting as one. It held that the High Court had been wrong to examine whether or not Mr Juffali had in fact exercised diplomatic functions.

The full judgment can be read here: http://www.bailii.org/ew/cases/EWCA/Civ/2016/176.html
 
Tom Hickman represented Ms Estrada as junior Counsel instructed by Hughes Fowler Carruthers.