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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 decades on the throne, the king found himself mired in scandal,

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

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Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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