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

Help others by sharing

Law Help BD is a platform to share legal knowledge, it is not an alternative to a lawyer. A lawyer needs to research and try various strategy to get the best outcome for his client which can be different than a general explanation of the law. Therefore, it is advised to get an experienced lawyer if there is any specific problem to deal with, you can also hire us or try our legal support offers or just e-mails us at [email protected]

Rayhanul Islam

Advocate Rayhanul Islam is the founder and Editor in Chief of Law Help BD. He is also a researcher. Critical thinking is his main focus. He is on a quest to bring positive change to the legal sector of Bangladesh. He promotes legal knowledge and human rights concept to the root level. e-mail: [email protected]

You may also like...

Leave a Reply

Your email address will not be published. Required fields are marked *