London Borough of Barnet v The Secretary of State for Foreign, Commonwealth & Development Affairs  EWHC 1253 (Fam)
The Family Division of the High Court has handed down a significant judgment concerning the interaction between the Vienna Convention on Diplomatic Relations and the European Convention on Human Rights.
A local authority sought a declaration of incompatibility under the Human Rights Act 1998, contending that that certain provisions of the Vienna Convention were incompatible with Articles 3 and 6 of the ECHR, insofar as they prevented a court from hearing or deciding an application for protective measures to be taken in respect of children of members of a diplomatic mission. The Divisional Court dismissed the application.
Belinda McRae was instructed by the Government Legal Department for the Secretary of State, alongside Sir James Eadie QC (Blackstone Chambers), Professor Vaughan Lowe QC (Essex Court Chambers), Joanne Clement (11 KBW) and Jason Pobjoy (Blackstone Chambers).