The Royal Embassy of Saudi Arabia (Cultural Bureau) (Appellant) v Costantine (Respondent)
Case ID: UKSC 2024/0061
Case summary
Issues
When a state seeks to appeal a finding that it is not immune from suit under the State Immunity Act, is granted permission to appeal, and then fails to attend the appeal hearing, is the appeal court permitted to dismiss the appeal for non-appearance, or is it obliged to determine the issue in the state's absence? What is the correct approach for determining whether a state is immune from claims brought by persons employed in an administrative role in a diplomatic mission?
Facts
Ms Costantine was employed by the Royal Embassy of Saudi Arabia (Cultural Bureau) in an administrative role. She brought a claim in the Employment Tribunal for direct discrimination and harassment on the basis of her religion. The Embassy argued that it was immune from the claim under the State Immunity Act. The judge decided this question as a preliminary issue in favour of Ms Costantine.
The Embassy was refused permission to appeal by the Employment Appeal Tribunal, which upheld the decision of the judge. The Court of Appeal granted the Embassy permission to appeal.
Prior to the Court of Appeal hearing, the Embassy's solicitors applied for an order declaring that they ceased to act as a result of prolonged non-payment of bills. The Court of Appeal made the order requested. The Embassy was not represented at and did not attend the Court of Appeal hearing. The Court of Appeal dismissed its appeal on grounds of non-appearance.
The Embassy appeals to the Supreme Court on the grounds that the Court of Appeal should not have dismissed its appeal without deciding the issue of state immunity, and that the trial judge's approach to issue of state immunity was flawed.
Judgment appealed
Parties
Appellant(s)
The Royal Embassy of Saudi Arabia (Cultural Bureau)
Respondent(s)
Antoinette Costantine
Appeal
Justices
Lord Lloyd-Jones, Lord Briggs, Lord Hamblen, Lord Leggatt, Lord Burnett
Hearing start date
6 November 2024
Hearing finish date
6 November 2024