The claimant sought return of recordings and of money paid to the defendant through an alleged fraud or threats. She was the former wife of the Sultan of Brunei and head of state, who now sought an order requiring the court to protect his identity in the proceedings, saying that the Acts required the UK courts to protect his dignity.
Held: The appeal failed. An ‘attack’ on the ‘dignity’ of a foreign head of state must entail some element of deliberately offensive or insulting words or behaviour, and mere protest, no matter how noisy, or criticism, no matter how robust, would not appear to be sufficient. Outside physical attack or interference, the material in relation to the prevention of offensive conduct supports the view that to the extent there is any uniform practice (which is doubtful) it amounts to no more than courtesy or comity, and ‘whatever the content of the duty in international law of the United Kingdom to take appropriate steps to prevent an attack on the dignity of a foreign head of state, there is not the slightest trace of any conduct in the present case which could, even on the most extensive interpretation of the notion of ‘attack on dignity’, be such an attack. ‘
Sir Anthony Clarke MR, Sedley LJ, Lawrence Collins LJ
Times 17-Jul-2007, [2007] EWCA Civ 712, [2008] 2 All ER 501
Bailii
State Immunity Act 1978 20, Diplomatic Privileges Act 1964
England and Wales
Citing:
Cited – Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors) CA 10-Jun-1998
Limitation on Making of Anonymity Orders
A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome.
Held: The legal professions have no special part in the law as a party . .
Cited – Holland v Lampen-Wolfe HL 20-Jul-2000
The US established a base at Menwith Hill in Yorkshire, and provided educational services through its staff to staff families. The claimant a teacher employed at the base alleged that a report on her was defamatory. The defendant relied on state . .
Cited – McElhinney v Ireland; Al-Adsani v United Kingdom; Fogarty v United Kingdom ECHR 21-Nov-2001
Grand Chamber – The first applicant said he had been injured by a shot fired by a British soldier who had been carried for two miles into the Republic of Ireland, clinging to the applicant’s vehicle following an incident at a checkpoint.
Held: . .
Cited – Colombani And Others v France ECHR 25-Jun-2002
To introduce and apply special measures to protect the identity of certain individuals in court proceedings might violate Article 6(1) of the European Convention. . .
Cited – The Schooner Exchange v McFaddon 1812
(United States Supreme Court) The court considered the rationale of the jurisdictional immunity given to sovereign states: ‘This full and absolute territorial jurisdiction being alike the attribute of every sovereign, and being incapable of . .
Cited – Harb v King Fahd Bin Abdul Aziz CA 26-May-2005
The wife sought an order for reasonable maintenance from His Majesty King Fahd Bin Abdul Aziz. He replied that he was immune from suit.
Held: The King as king was immune. The judge at first instance had been wrong to give the case fictitious . .
Cited – Novello v Toogood 29-Apr-1823
The defendant a British born subject was a music master and teacher of Italian, but was also employed in part as a chorister in the chapel of a foreign ambassador. He rented a large house, subletting parts. He resisted distraint on the premises for . .
Cited – The Parlement Belge CA 1879
An action in rem indirectly impleaded a sovereign who was the owner of the vessel served because his property was affected by the judgment of the court. An unincorporated treaty cannot change the law of the land and, ‘the immunity of the sovereign . .
Cited – Regina v Bartle and Commissioner of Police for the Metropolis and Others, ex parte Pinochet Ugarte; Regina v Evans and Similar (No 3) HL 24-Mar-1999
An application to extradite a former head of state for an offence which was not at the time an offence under English law would fail, but could proceed in respect of allegations of acts after that time. No immunity was intended for heads of state. . .
Cited – Mighell v Sultan of Johore CA 1-Dec-1893
In 1885 the Sultan of Johore came to England, and according to the plaintiff, Miss Mighell, took the name Albert Baker and promised to marry her.
Held: The Sultan was entitled to immunity even though up to the time of suit ‘he has perfectly . .
Cited – Playa Larga (Owners of Cargo Lately Laden on Board) v I Congresso del Partido (Owners) HL 1983
The concept of absolute immunity for a Sovereign adopts a theory of restrictive immunity in so far as it concerns the activities of a State engaging in trade: (Lord Wilberforce) ‘It was argued by the [appellants] that even if the Republic of Cuba . .
Cited – Compania Naviera Vascongado v Steamship ‘Cristina’ HL 1938
A state-owned ship that was used for public purposes could not be made the subject of proceedings in rem. Lord Atkin described the absolute immunity of a sovereign of a foreign state within this jurisdiction: ‘The foundation for the application to . .
Cited – Wright v McQualter 1970
Kerr J said: ‘If there were in the last analysis no more in this case than a quiet peaceful gathering on the lawn (in front of the premises of the United States Embassy) of persons shouting slogans and carrying placards of the kind in question here, . .
Cited – In re Westinghouse Uranium Contract HL 1978
‘The fact, if it be so, that evidence so obtained may be used in other proceedings and indeed may be central in those proceedings is no reason for refusing to allow it to be requested’ Lord Fraser said: ‘in judging the nature of the letters rogatory . .
Cited – Scott v Scott HL 5-May-1913
Presumption in Favour of Open Proceedings
There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt.
Held: The House . .
Cited – Jones v Ministry of Interior for the Kingdom of Saudi Arabia and others HL 14-Jun-2006
The claimants said that they had been tortured by Saudi police when arrested on false charges. They sought damages, and appealed against an order denying jurisdiction over the defendants. They said that the allegation of torture allowed an exception . .
Cited – Martinie v France ECHR 12-Apr-2006
The Grand Chamber said: ‘The Court reiterates that the public character of proceedings before the judicial bodies referred to in art 6(1) protects litigants against the administration of justice in secret with no public scrutiny; it is also one of . .
Cited – English v Emery Reimbold and Strick Ltd; etc, (Practice Note) CA 30-Apr-2002
Judge’s Reasons Must Show How Reached
In each case appeals were made, following Flannery, complaining of a lack of reasons given by the judge for his decision.
Held: Human Rights jurisprudence required judges to put parties into a position where they could understand how the . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 05 January 2022; Ref: scu.254539