The defendant was a counsellor of a foreign legation, and was subject to the directions of the minister plenipotentiary. In the absence of the minister, he acted up as charge d’affaires. He sought the protection of the 1708 Act.
Held: A person acting in such a position was entitled to the protection as if he were an ambassador. However, once he vountarily appeared in a suit and therefore submitted to the court’s jurisdiction, he was not entitled to rely upon that protection, having waived it by his submission. He would not lose his privilege by trading here, but his servants might.
Citations:
(1854) 14 CB 487, [1854] 8 State Tr NS 317, [1854] 23 LJCP 89, [1854] 22 LTOS 287, [1854] 18 Jur 402, [1854] 2 WR 259, [1854] 2 CLR 1717, [1854] 139 ER 201
Statutes:
Diplomatic Privileges Act 1708
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Jones (Margaret), Regina v Milling and others HL 29-Mar-2006
Domestic Offence requires Domestic Defence
Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 07 December 2022; Ref: scu.239964