header-logo header-logo

02 June 2011
Issue: 7468 / Categories: Case law , Law reports
printer mail-detail

State immunity—Definition of state—Immigration

Regina (HRH Sultan of Pahang) v Secretary of State for the Home Department [2011] EWCA Civ 616

Court of Appeal, Civil Division, 25 May 2011, Maurice Kay, Smith, Moore-Bick LJJ

The question of the status of a person as a head of state enjoying state immunity is a matter for the Secretary of State for Foreign and Commonwealth Affairs and not for the courts, and accordingly a certificate issued by the Secretary of State under s 21 of the State Immunity Act 1978 is conclusive evidence of the status of a territory for the purposes of Pt I of the Act.

Ian Macdonald QC and Aileen McColgan (instructed by Grange & Castle) for the claimant. Steven Kovats QC (instructed by the Treasury Solicitor) for the defendant.

The claimant was the sultan of one of nine sultanates making up the Malaysian Federation. At the time of bringing of proceedings, he had not been the supreme head of the Federation for some years. A certificate (the certificate) had been signed by the Director of Protocol at

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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll