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Appellant could not rely on diplomatic immunity to strike out claims for financial relief pursuant to the Matrimonial and Family Proceedings Act 1984

Al-Juffali v Estrada [2016] EWCA Civ 176

Related Member(s):
Tim Owen QC
Related Practice Area(s):
Public and Private International Law
Court:

The appellant challenged a High Court order dismissing his application to strike out claims for financial relief brought against him, pursuant to the Matrimonial and Family Proceedings Act 1984, on the grounds that he was entitled to immunity as Permanent Representative of St Lucia to the International Maritime Organisation. Held: The court had erred in finding that the appellant was not entitled, in principle, to diplomatic immunity. However, it had been entitled to conclude that the appellant was a permanent resident in the UK, and therefore not entitled to immunity from claims for financial relief in family proceedings which were unconnected to the exercise of official functions. Tim Owen QC was involved in this case.