Holland v Lampen-Wolfe [1998] EWCA Civ 1338 (30 July 1998)

Holland v Lampen-Wolfe [1998] EWCA Civ 1338 (30 July 1998)

The defendant's acts in writing and publishing the memorandum were performed in the course of his official duties as an educational services officer for the US Department of Defence at a US military base in the UK. These acts were sufficiently connected to the sovereign functions of the US armed forces to attract state immunity under common law, and do not fall within any exception to immunity under the State Immunity Act 1978. The provision of education for military personnel is a sovereign activity, not a commercial or private one.

Citation
[1998] EWCA Civ 1338
Parties
Plaintiff/appellant: Carolsue Holland; Defendant/respondent: James Lampen-Wolfe
Jurisdiction
England and Wales
Judgment Date
30 July 1998
Procedural Posture
Appeal (libel Action) / Appeal From High Court (queen's Bench Division) to Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
State Immunity, Defamation (libel), Jurisdiction, Visiting Forces, Sovereign Authority
Civil Procedure International Law Defamation State Immunity Defamation (libel) Jurisdiction Visiting Forces Sovereign Authority

Case Brief

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Parties

Carolsue Holland

Plaintiff/appellant

James Lampen-Wolfe

Defendant/respondent

Procedural Posture

Appeal (libel Action) / Appeal From High Court (queen's Bench Division) to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the defendant is entitled to state immunity for acts done in the course of his duties as an educational services officer at a US military base in the UK
  2. 2 Whether the acts complained of fall within the scope of the State Immunity Act 1978 or the common law
  3. 3 Whether the provision of education at a US military base is an act performed in the exercise of sovereign authority

Ratio Decidendi

The defendant's acts in writing and publishing the memorandum were performed in the course of his official duties as an educational services officer for the US Department of Defence at a US military base in the UK. These acts were sufficiently connected to the sovereign functions of the US armed forces to attract state immunity under common law, and do not fall within any exception to immunity under the State Immunity Act 1978. The provision of education for military personnel is a sovereign activity, not a commercial or private one.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to the House of Lords refused