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

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

The pre-abdication acts as pleaded were performed by state actors (General Sanz Roldán and the CNI) under the direction of the appellant in his capacity as head of state. These acts were carried out under colour of public authority, regardless of motive, and thus attract functional immunity under section 14(1) SIA. The section 5 SIA exception does not apply as the claim did not plead a recognised psychiatric injury. The judge erred in his approach to the legal test, in permitting amendments without proper application, and in finding the acts to be private.

Parties
Claimant/respondent: Corinna Zu Sayn-Wittgenstein-Sayn; Defendant/appellant: His Majesty Juan Carlos Alfonso Victor María de Borbón y Borbón
Jurisdiction
England and Wales
Judgment Date
06 December 2022
Procedural Posture
Civil Appeal / Appeal From High Court Judgment on State Immunity Preliminary Issue
Outcome
Appeal allowed
Legal Topics
State Immunity, Functional Immunity, Personal Injury Exception, Harassment, Jurisdiction
Public International Law Civil Procedure State Immunity Functional Immunity Personal Injury Exception Harassment Jurisdiction

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Parties

Corinna Zu Sayn-Wittgenstein-Sayn

Claimant/respondent

His Majesty Juan Carlos Alfonso Victor María de Borbón y Borbón

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment on State Immunity Preliminary Issue

Legal Issues

  1. 1 Whether the appellant, as former head of state, is entitled to functional immunity under section 14(1) State Immunity Act 1978 for alleged acts of harassment prior to abdication
  2. 2 Whether the pleaded acts were performed in a public or private capacity
  3. 3 Whether the section 5 SIA personal injury exception applies to the claim

Ratio Decidendi

The pre-abdication acts as pleaded were performed by state actors (General Sanz Roldán and the CNI) under the direction of the appellant in his capacity as head of state. These acts were carried out under colour of public authority, regardless of motive, and thus attract functional immunity under section 14(1) SIA. The section 5 SIA exception does not apply as the claim did not plead a recognised psychiatric injury. The judge erred in his approach to the legal test, in permitting amendments without proper application, and in finding the acts to be private.

Court Disposition

Appeal allowed

Orders

  • The appellant is entitled to functional immunity under section 14(1) SIA for the pre-abdication acts alleged in paragraphs 15 to 23 of the Particulars of Claim.
  • The exception in section 5 SIA does not apply; the pre-abdication conduct is immune from the jurisdiction of the English courts.