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04 November 2022 / David Walbank KC
Issue: 8001 / Categories: Features , Procedure & practice , Criminal
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Crime brief: 4 November 2022

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Equality before the law: David Walbank KC examines a case which tested the limits of this most fundamental legal doctrine
  • Equality before the law.
  • Ex-monarch sued for harassment. 
  • Doctrine of state immunity. 

From day one of their legal studies, it is drummed into students that ‘all are equal before the law’. But does that actually mean anything? In the next two ‘Crime brief’ pieces, we will look at two very different cases, each of which demonstrates that it is very much more than a highfalutin phrase.

Harassment allegations

Zu Sayn-Wittgenstein-Sayn v De Borbon y Borbon [2022] EWHC 668 (QB) concerned a civil action in harassment brought by the estranged lover of an ex-king and prompted consideration of the doctrine of state immunity.

Corinna zu-Sayn-Wittgenstein-Sayn (pictured) is a German-born Danish entrepreneur with homes in Monaco, Switzerland, London and Shropshire. In the mid-2000s, she became the mistress of Juan Carlos I, the King of Spain, but five years later, their relationship ended in acrimony. When, after four

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Commercial property partner joins Clarke Willmott in Southampton

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Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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