The Royal Embassy of Saudi Arabia (Cultural Bureau) v A Alhayali
[2023] EAT 149
Royal Embassy of Saudi Arabia (Cultural Bureau) v Antoinette Costantine
13 March 2024
[2024] EWCA Civ 332
Court of Appeal
A Saudi embassy appealed a discrimination case, but didn't show up to court because they hadn't paid their lawyers. The court dismissed their appeal because they had plenty of time to get new lawyers and the delay would unfairly hurt the person they were suing. Basically, they didn't do their homework and now they lost.
Key Facts
- •The Royal Embassy of Saudi Arabia (Cultural Bureau) appealed a decision rejecting its claim of state immunity in an employment discrimination case.
- •The appellant failed to appear at the Court of Appeal hearing due to non-payment of fees to its solicitors, Reynolds Porter Chamberlain LLP (RPC).
- •RPC ceased acting for the appellant after prolonged non-payment and filed an application to be removed from the record.
- •The claimant, Antoinette Constantine, opposed an adjournment, citing the significant delay in resolving her employment claim.
- •The appellant had ample notice of the hearing and the potential for non-representation but failed to secure alternative legal counsel.
Legal Principles
State immunity from employment-related claims for foreign states.
State Immunity Act 1978, sections 4 and 16
Exceptions to state immunity for employment claims; immunity does not apply if the employee is not a member of a mission.
State Immunity Act 1978, section 4; Vienna Convention on Diplomatic Relations
Section 5 of the 1978 Act disapplies immunity claims for personal injury arising from discrimination and harassment.
State Immunity Act 1978, section 5
Court's discretion to dismiss an appeal for non-appearance.
Inherent powers of the Court of Appeal
Consideration of prejudice to the respondent and the appellant's conduct in deciding whether to grant an adjournment.
Implicit in the judgment
Outcomes
The appeal was dismissed.
The appellant's non-appearance was intentional and inexcusable, given ample notice and resources to secure representation. Granting an adjournment would cause significant prejudice to the claimant who had already experienced a lengthy delay.