Diplomatic Immunity, Modern Slavery and the “Commercial Activity” Exception:  The UK Supreme Court in Basfar v Wong

Author: Chris Stephen
Published: 11.07.2022
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 [2022] 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. The Supreme Court held that the diplomat in question would not have immunity…