Mighell v. Sultan of Johore. – [1894] 1 q.b.

Mighell v. Sultan of Johore

Mighell v Sultan of Johor

Principle: Foreign sovereign shall be treated as independent sovereign and therefore have immunity form local jurisdiction.

Diplomatic immunity.

Fact: The Sultan’ s sovereign status was an issue in a court case in England. When Miss Mighell sued a certain Albert Baker (Sultan of Johor), travelling incognito in the United Kingdom) for breach of promise of marriage, the Court granted the Sultan as an “independent sovereign” immunity from jurisdiction. The decision was based on a letter from the Secretary of State for the Colonies stating that “generally speaking, [the Sultan] exercises without question the usual attributes of a sovereign ruler.” This further demonstrates the British recognition of the Sultanate of Johor as an independent State.

Issue: whether sultan Johor will get diplomatic immunity or not?

Decision: Sultan Johor will get the diplomatic immunity as an “independent sovereign

Reasoning: The Court granted the Sultan as an “independent sovereign” immunity from jurisdiction

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Rayhanul Islam

Rayhanul Islam

Rayhanul Islam is a lawyer by profession, he is also a researcher. Critical thinking is his main focus. He is the founder and Editor in Chief of Law Help BD. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human right concept to the root level. e-mail: rayhan@lawhelpbd.com

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