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 the Foreign and Commonwealth Office, which stated that the claimant
