Corinna Zu Sayn-Wittgenstein-Sayn v His Majesty Juan Carlos Alfonso Victor Maria de Borbón y Borbón

Corinna Zu Sayn-Wittgenstein-Sayn v His Majesty Juan Carlos Alfonso Victor Maria de Borbón y Borbón

The Defendant is not a member of the household of King Felipe VI within the meaning of section 20(1)(b) of the State Immunity Act 1978 as extended by the Diplomatic Privileges Act 1964, as he neither lives with the King nor assists in his work, and thus is not entitled to immunity on that ground. Permission to appeal on this issue is refused. However, permission to appeal is granted on the issues of functional immunity for acts alleged to have been performed in the Defendant's public capacity prior to abdication, as these merit further consideration.

Parties
Claimant/respondent: Corinna Zu Sayn-Wittgenstein-Sayn; Defendant/applicant: His Majesty Juan Carlos Alfonso Victor Maria de Borbón y Borbón
Jurisdiction
England and Wales
Judgment Date
26 July 2022
Procedural Posture
Civil Appeal / Permission to Appeal From High Court Decision on Immunity
Outcome
Permission to appeal refused on ground 3 (household immunity); granted on grounds 1, 2, and 4 (functional immunity for pre-abdication acts); ground 5 (other compelling reasons) refused.
Legal Topics
State Immunity, Diplomatic Immunity, Harassment, Jurisdiction
Public International Law Civil Procedure State Immunity Diplomatic Immunity Harassment Jurisdiction

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Parties

Corinna Zu Sayn-Wittgenstein-Sayn

Claimant/respondent

His Majesty Juan Carlos Alfonso Victor Maria de Borbón y Borbón

Defendant/applicant

Procedural Posture

Civil Appeal / Permission to Appeal From High Court Decision on Immunity

Legal Issues

  1. 1 Whether the Defendant is entitled to immunity under the State Immunity Act 1978 and/or the Diplomatic Privileges Act 1964 as extended by the 1978 Act
  2. 2 Whether the Defendant is a member of the household of the current King of Spain for purposes of immunity
  3. 3 Whether acts alleged were performed in public or private capacity for immunity purposes

Ratio Decidendi

The Defendant is not a member of the household of King Felipe VI within the meaning of section 20(1)(b) of the State Immunity Act 1978 as extended by the Diplomatic Privileges Act 1964, as he neither lives with the King nor assists in his work, and thus is not entitled to immunity on that ground. Permission to appeal on this issue is refused. However, permission to appeal is granted on the issues of functional immunity for acts alleged to have been performed in the Defendant's public capacity prior to abdication, as these merit further consideration.

Court Disposition

Permission to appeal refused on ground 3 (household immunity); granted on grounds 1, 2, and 4 (functional immunity for pre-abdication acts); ground 5 (other compelling reasons) refused.

Orders

  • Permission to appeal refused on ground 3 (household immunity)
  • Permission to appeal granted on grounds 1, 2, and 4 (functional immunity for pre-abdication acts)