Aziz v Aziz & Ors Rev 1 [2007] EWCA Civ 712 (11 July 2007)

Aziz v Aziz & Ors Rev 1 [2007] EWCA Civ 712 (11 July 2007)

Article 29 of the Vienna Convention, as applied by section 20 of the State Immunity Act 1978, does not impose an absolute obligation on English courts to prohibit publication of the identity of a foreign head of state in connection with private litigation. The obligation to take 'all appropriate steps' is qualified and allows the court a margin of appreciation. The ordinary protections available under English law for privacy and reporting restrictions are sufficient to meet the requirements of international law. The mere risk of embarrassment or the desire for anonymity does not constitute an 'attack' on dignity within the meaning of Article 29. The appeal is dismissed and the judgments...

Citation
[2007] EWCA Civ 712
Parties
Claimant: Mariam Aziz; Defendants: Aziz & Ors; 10th Defendant/respondent: Aviva Amir; Intervener/appellant: HM The Sultan of Brunei; Advocate to the Court: Sir Michael Wood
Jurisdiction
England and Wales
Judgment Date
11 July 2007
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division
Outcome
Appeal dismissed
Legal Topics
State Immunity, Diplomatic Privileges, Privacy and Anonymity in Court Proceedings, Contempt of Court, Reporting Restrictions
International Law Civil Procedure Human Rights State Immunity Diplomatic Privileges Privacy and Anonymity in Court Proceedings Contempt of Court Reporting Restrictions

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Parties

Mariam Aziz

Claimant

Aziz & Ors

Defendants

Aviva Amir

10th Defendant/respondent

HM The Sultan of Brunei

Intervener/appellant

Sir Michael Wood

Advocate to the Court

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Appeal From Queen's Bench Division

Legal Issues

  1. 1 Does Article 29 of the Vienna Convention (as applied by section 20 of the State Immunity Act 1978) require English courts to prohibit publication of the identity of a foreign head of state in connection with private litigation?
  2. 2 Is the obligation to protect the dignity of a head of state under Article 29 absolute or discretionary?
  3. 3 Does the obligation extend to acts affecting the head of state in a personal capacity?

Ratio Decidendi

Article 29 of the Vienna Convention, as applied by section 20 of the State Immunity Act 1978, does not impose an absolute obligation on English courts to prohibit publication of the identity of a foreign head of state in connection with private litigation. The obligation to take 'all appropriate steps' is qualified and allows the court a margin of appreciation. The ordinary protections available under English law for privacy and reporting restrictions are sufficient to meet the requirements of international law. The mere risk of embarrassment or the desire for anonymity does not constitute an 'attack' on dignity within the meaning of Article 29. The appeal is dismissed and the judgments...

Court Disposition

Appeal dismissed

Orders

  • No further redaction of the judgments to remove references to the Sultan or matters leading to his identification.
  • Reporting restrictions and redactions already in place to protect confidential information and the claimant's anonymity remain.