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Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

Civil damages against UAE for modern slavery

Date:
26 September 2019
Relevant legislation/regulation:
Modern Slavery
Jurisdiction:
United Kingdom
Status:
Closed
Regulator/enforcement authority:
High Court
ESG Category:
Social
Defendant(s)/subjects(s):
United Arab Emirates (UAE); claimant

Key Facts:

The High Court has ordered the UAE to pay £262,292 in damages to a woman subjected to modern slavery by a UAE diplomat in London.  It is thought to be the first time a court has ordered a foreign state to pay damages for domestic servitude committed by one of its diplomats in the United Kingdom.

The claimant, a 35-year-old woman of Filipino heritage began working for diplomat Salem Mohammed Sultan Aljaberi and his family in 2012, at which time they lived in the UAE.  In 2013 the claimant was taken to London, where she worked for the Aljaberis from 1 February to 1 May 2013.  On 19 November 2014, the Home Office recognised her as a victim of human trafficking.

Following lengthy and ultimately unsuccessful attempts to persuade the CPS to prosecute the Aljaberis, a civil claim was issued in 2019. The UAE did not engage with the claim and, as a result, default judgment was entered in 2022.

In his judgment, Mr Justice Lavender described this case as one of modern slavery.  In assessing damages, Mr Justice Lavender awarded damages for false imprisonment and injury to feelings (considered together) and psychiatric injury due to a diagnosis of post-traumatic stress disorder due to her experience.  The judge also awarded £15,000 in exemplary damages, stating that he considered the amount appropriate as Mr Aljaberi had “acted with a cynical disregard for the claimant’s rights”.

 

Sources: 

England and Wales High Court judgment; Guardian article

 

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