The concept of immunity began with ancient tribes. Privileges and immunities of consular officials, including honorary consuls, are more restricted than those of diplomatic staff. The Supreme Court held that the diplomat in question would not have immunity from the civil jurisdiction of the courts of the United Kingdom as such a claim falls within the “commercial activity” exception found within Article 31(1)(c) of the 1961 Vienna Convention on Diplomatic Relations (“VCDR”). Diplomatic immunity is a principle of international law by which certain foreign government officials are not subject to the jurisdiction of local courts and other authorities.

Can a diplomat assert their immunity from suit in a claim for breach of employment rights brought by a domestic servant working for them in their residence, in circumstances in which that diplomat has trafficked that servant into the United Kingdom and forced that servant to work in conditions of modern slavery? In the landmark decision of Basfar v Wong UKSC 20 handed down on 6 July 2022, the UK Supreme Court, by a majority of three to two, has answered that question in the negative.

Diplomatic immunity laws