Geoffrey Robertson QC and Adam Wagner acting for the parents of Harry Dunn
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The challenge relates to the advice given by the FCO to the Northamptonshire Police that Anne Sacoolas had ‘diplomatic immunity’ and so the UK authorities had no jurisdiction over her case. Ms Sacoolas was involved in the accident which killed Harry Dunn, a 19-year-old motorcyclist, on 27 August 2019 near to the US-run RAF Croughton military base where she was living at the time with her husband, a US Government employee. Mrs Sacoolas was driving on the wrong side of the road when the accident happened.
Dominic Raab MP, the Foreign Secretary, has told Parliament that the FCO considered Mrs Sacoolas had immunity because of a 1995 ‘exchange of notes’ between the UK and US granting diplomatic immunity to certain American staff at RA Croughton. However, also he said there was an “anomaly” whereby immunity was waived for employees but not their spouses.
Harry’s parents have send a pre-action letter to the FCO alleging that it acted unlawfully and in breach of the Human Rights Act by conclusively advising the police that Mrs Sacoolas had immunity, therefore allowing Mrs Sacoolas to flee the UK on around 15 September. The FCO has also been asked to disclose all relevant documents including the 1995 'exchange of notes’.