Dr Lyazid Fenniche

Case Summary

This is an Employment Appeal Tribunal decision on appeals against Registrar's Orders refusing to extend the 42-day time limit for two substantive appeals concerning state immunity. The Tribunal allowed the appeals to extend time, having regard to pending decisions in related cases before the Court of Appeal and Supreme Court on similar state immunity issues that would materially affect the outcome.

The Tribunal extended time because three pending cases before the Court of Appeal and Supreme Court on similar state immunity issues are likely to have material bearing on the appellant's proposed appeals. The principle that an appellate court must ensure proper application of state immunity, combined with the fact that the underlying claim remains live and there was no prolonged serious default, justified the extension despite the delay of 1,042 and 376 days respectively.

• •Extension of time for appeals against Registrar's Orders
• •Scope of section 5 of the State Immunity Act 1978 - personal injury exception
• •Whether state immunity applies to embassy employment claims
• •Whether psychiatric injury falls within personal injury exception to state immunity

Judgment approved by the court The Government of the State of Kuwait v Fenniche © EAT 2026 Page 1 [2026] EAT 83 Neutral Citation Number: [2026] EAT 83 Case Nos: EA-2024-000294-JOJ, EA-2024-000296-JOJ EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane London, EC4A 1NL Date: 19 May 2026 Before: THE HON. LORD FAIRLEY, PRESIDENT - - - - - - - - - - - - - - - - - - - - - Between: The Government of the State of Kuwait Appellant - and - Dr Lyazid Fenniche Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mohinderpal Sethi K.C. (instructed by Weightmans LLP) for the Appellant Nana Prempeh (instructed by Nas & Griffiths Legal Associates) for the Respondent APPEAL FROM REGISTRAR’S ORDERS Hearing date: 19 May 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court The Government of the State of Kuwait v Fenniche © EAT 2026 Page 2 [2026] EAT 83 SUMMARY Time limits; extension of time; appeal from Registrar’s Order; state immunity The Registrar refused to extend the 42-day time limit for the institution of two related appeals. The first proposed appeal was against a Judgment on a preliminary issue concerning state immunity. The second was against a liability Judgment consequent upon the determination of the preliminary issue. In these appeals against the Orders of the Registrar, the Employment Appeal Tribunal was advised that three cases are presently pending before either the Court of Appeal or the Supreme Court on similar issues to those raised in these appeals. The decisions in those other cases are likely to have a material bearing upon the issues of state immunity that the appellant wishes to advance in these proposed appeals. Having regard to that factor, and to the principle that an appellate court must do what it can to ensure that the principle of state immunity is properly applie…