Diplomatic and State Immunity

Diplomatic Immunity

Diplomatic immunity is governed by the 1961 Vienna Convention on Diplomatic Relations, incorporated into UK law by the Diplomatic Privileges Act 1964. The rules grant different degrees of immunity on persons concerned with a diplomatic mission, depending on their status and function.

We have acted for embassies and high commissions in London seeking advice on asserting diplomatic immunity in a variety of contexts, including in employment proceedings, criminal investigations and regulatory investigations.

State Immunity

The law on state immunity in the UK is governed by the State Immunity Act 1978 and customary international law.  The principle is based in the sovereign equality of states, meaning that the domestic court of one state cannot adjudicate on the sovereign acts of another state.

We have advised embassies, officials, heads of state, government bodies and states in respect of the applicability of state immunity and the exceptions to immunity in civil litigation. We advise in the context of commercial claims, personal injury claims, tort claims and employment proceedings. We have made submissions to a number of courts and tribunals in respect of claims for immunity.

We have advised heads of state and other state officials in respect of immunity from criminal jurisdiction. We advise on the personal immunity afforded to heads of state and other very senior members of Government, and the official act immunity that can be claimed by current and former State officials in respect of acts carried out in their official capacity.

Other forms of immunity

The Visiting Forces Act 1952 governs jurisdiction over military personnel and related civilians based in the UK. Our experience in this area includes advising an overseas defence contractor on the applicability of the Act in the context of judicial review proceedings in the UK.

Special mission immunity is a form of immunity that can be afforded to members of a temporary mission sent to the UK by a foreign state. It is an immunity governed by the common law and customary international law. Our experience in this area includes advising foreign states on its applicability to members of visiting delegations.