The threat of the bench haunts Juan Carlos I

admin March 26, 2022 21 Views
Updated 2022/03/26 at 3:02 AM
6 Min Read
The threat of the bench haunts Juan Carlos I
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Magistrate Matthew Nicklin of the High Court of England and Wales has called lawyers for Juan Carlos I and Corinna Larsson to his office next Tuesday. Once the initial issues are resolved, it is a normal process to decide the next steps in the process. In a ruling published this Thursday that the King Emeritus enjoys legal immunity in the United Kingdom, the judge has left open the possibility that he will sit on the bench to testify. Her ex-boyfriend accused her of harassment, defamation and illegal surveillance in a lawsuit filed before civil jurisdiction in October 2020, for which he claims monetary compensation but also a restraining order of at least 150 meters. “The judge must now hear the parties, so I consider it almost certain that he will call Juan Carlos I to testify. But he will be flexible. For reasons of age, health… this may allow you to testify by videoconferencing and with some confidentiality. Had the king emeritus not been present, or refused to testify, he would have clearly been breaking the law; Their property, if they have any in the United Kingdom, could be confiscated, and they could be arrested as soon as they entered the country”, explains Leon Fernando del Canto, one of the four barrister The Spaniards are currently practicing in London. He was the first person to reach that rank of lawyer with permission to intervene in court and argue legally before a magistrate. “There is always the possibility that even before Juan Carlos sits on the bench, the parties will settle out of court. In British common law, this offer of agreement, which can be made at any time – even once the process has begun – is called Part 36. It can be introduced by any claimant, once the judge has been warned of this,” explains Del Canto.

It is very rare to see a member of royalty – whether from the Gulf countries, or anywhere else in the world – sitting on a bench in a British court. The publicity, pressure and professional enthusiasm of many magistrates have created a risk that it is better to avoid an agreement that the judges themselves, in civil jurisdiction, encourage.

Clifford Chance, the firm representing Juan Carlos I, is one of the most expensive and prestigious city The London resident has expressed his “disappointment” at Judge Nicklin’s decision, and is studying whether to file an appeal. The maneuver, however, would be awkward and risky in a pre-testing phase like the current one. Until new information emerges that may make the magistrate change his mind, or even question his impartiality – something unimaginable, today – a very thoughtful, well-armed and well-mannered It is difficult to reverse the resolve established by, and supported by, reputed allies. “Juan Carlos I is accused of committing acts of persecution in the United Kingdom. Harassment and intimidation are not inherent functions of the government (…) and it has also become clear that he is not currently the head of state,” former Supreme Court magistrate Jonathan Sumption argued with EL Pass. Regarded as “the UK’s most brilliant legal mind” by the press left and right, Sumption became a millionaire during his time barrister; represented clients such as Roman Abramovich in the legal battle against his former partner, Berezovsky; And managed to jump to the Supreme Court without occupying intermediate judicial positions. “I can understand that many people in Spain treat this matter as a purely Spanish matter, but if a Spanish citizen, no matter how reputed, commits a civil offense in another country, that by his very nature , are not government functions, then they must respond to the laws of that country”, reasoned inference. “If the Duke of Windsor had committed civil wrongs in Spain in 1936, after his abdication, would the Spanish government have treated him as a subject with legal immunity? I have no doubts.”

Corinna Larsen has decided to file her suit in civil court. Above all, he seeks financial compensation, and for this reason is open to an out-of-court settlement. But British jurisdiction is much more flexible and spread than Continental (Spanish for these purposes), and complaints circulated before Judge Nicklin fall into the doctrinal category of “quasi-crime”. At any time, during the entire process, the charges may become criminal or criminal matters, and may even provoke their interference. Crown Prosecution Service (public prosecutor). However, none of the experts consider the possibility that the case could end with an extradition order against Juan Carlos I. Harassment is also a criminal offence, a crime. But I highly doubt that the British authorities will take action against him. The fate of a hypothetical extradition request, in the remote event that occurs, will depend specifically on the law where the accused lived, whether it is Spain or the United Arab Emirates,” says Sumption.

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