Holland v. Lampen-Wolfe

Abstract

State immunity — Jurisdictional immunity — Distinction between sovereign and non-sovereign acts — Nature of the act — Importance of the context in which the act occurs — Provision of education for the armed forces of a State — State contracting out provision of certain educational facilities — Allegedly defamatory memorandum written in context of provision of education — Whether sovereign act — Immunity of officials for acts performed in official capacity

Human rights — Right of access to court — European Convention on Human Rights, 1950, Article 6 — Whether recognition of sovereign immunity a violation of right of access to court — The law of England