header-logo header-logo

09 June 2023 / David Walbank KC
Issue: 8028 / Categories: Features , Procedure & practice , Criminal
printer mail-detail

Crime brief: 9 June 2023

125548
Nothing is ever certain in litigation: David Walbank KC assesses the Court of Appeal’s reversal of a first-instance decision on state immunity
  • Juan Carlos I, former king of Spain.
  • ‘Functional immunity’ with regard to alleged campaign of harassment.
  • Court of Appeal overturns first-instance decision.

They say that nothing is certain in litigation and doubtless the ‘Great British Public’ would be amazed by the frequency, if not quite the abandon, with which appellate courts overturn the decisions of their brother and sister judges at first instance. As a consequence, eagle-eyed legal commentators must constantly scan the law reports and the trade press for clues that any judgment about which they have written might be subject to appeal. Where necessary, the record must be corrected to reflect the appeal court’s ruling.

A striking illustration of this phenomenon occurred in Zu Sayn-Wittgenstein-Sayn v HM Juan Carlos de Borbón y Borbón [2022] EWCA Civ 1595, [2022] All ER (D) 52 (Dec), where the Court of Appeal, Civil Division, overturned the first-instance decision

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll