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Former Spanish king wins appeal but court fight with ex-lover will continue

Danish businesswoman Corinna zu Sayn-Wittgenstein-Sayn, 57, has sued Juan Carlos, 84, who abdicated in 2014, and wants damages for personal injury.

Brian Farmer
Tuesday 06 December 2022 10:46 EST
Corinna zu Sayn-Wittgenstein-Sayn leaving the Royal Courts of Justice in London after a court hearing earlier this year (PA)
Corinna zu Sayn-Wittgenstein-Sayn leaving the Royal Courts of Justice in London after a court hearing earlier this year (PA) (PA Wire)

A former king of Spain has won the latest stage of a London court battle with an ex-lover ā€“ but a lawyer says the fight will go on.

Danish businesswoman Corinna zu Sayn-Wittgenstein-Sayn, 57, has sued Juan Carlos, 84, who abdicated in 2014, and wants damages for personal injury.

She alleges he caused her ā€œgreat mental painā€ by spying on and harassing her.

Juan Carlos denies wrongdoing and disputes the claims made against him.

A High Court judge ruled earlier this year the claims could be considered at a trial in England.

But Juan Carlos on Tuesday won an appeal after challenging some of Mr Justice Nicklinā€™s conclusions on jurisdiction.

Appeal judges Lady Justice King, Lady Justice Simler and Lord Justice Popplewell, who heard arguments at a recent Court of Appeal hearing, concluded ā€œthe pre-abdication conduct alleged is immune from the jurisdiction of the courts of this countryā€.

However, a lawyer for Ms zu Sayn-Wittgenstein-Sayn said the appeal court ruling will not affect claims she made about Juan Carlosā€™s behaviour after his abdication.

Michael Kim, from law firm Kobre & Kim, said the ā€œoverwhelming partā€ of the claim ā€œshould proceed to trialā€.

ā€œThe judgment applies to a very narrow issue,ā€ he said.

ā€œIt concerns only the period when Juan Carlos was the reigning king of Spain.

ā€œThe overwhelming part of Corinnaā€™s claim, from 2014, remains unaffected and should proceed to trial.ā€

The judgment applies to a very narrow issue

Lawyer Michael Kim

Judges have been told Juan Carlos ruled from 1975 until his abdication in 2014 and the succession of his son, King Felipe VI.

They have heard Ms zu Sayn-Wittgenstein-Sayn is Danish, lived in Monaco between 2008 and 2019, and has homes in London and Shropshire.

Ms zu Sayn-Wittgenstein-Sayn wants an ā€œinjunction and damagesā€ resulting from ā€œa continuous and ongoing campaign of harassmentā€ against her, ā€œcommencedā€ by (Juan Carlos) from 2012, following the ā€œbreak-up of an intimate romantic relationshipā€ and her ā€œrefusal to let (Juan Carlos) use a financial sum irrevocably gifted to her, or to return other giftsā€, the judges were told.

Lawyers representing her have alleged to judges that conduct ā€œincludes (the former king) or his agents smearing her and her business in the media, following her, entering her home in Shropshire and bugging her homes and electronic devicesā€.

Timothy Otty KC, who is leading Juan Carlosā€™s legal team, told appeal judges in a written argument the former king considers Ms zu Sayn-Wittgenstein-Saynā€™s legal action to be ā€œvexatiousā€.

A spokeswoman for Juan Carlos said in a statement: ā€œIn its judgment, the Court of Appeal emphasised that His Majesty ā€™emphatically denies that he engaged in, or directed, any harassment of (the claimant) and rejects her allegationsā€¦ as untrueā€™.

I emphasise at this stage that there has, as yet, been no decision about whether any of the allegations she makes are true

Lady Justice Simler

ā€œIn upholding His Majestyā€™s appeal, the Court of Appeal ruled that, regardless of that denial, on a proper application of principles of sovereign immunity ā€˜the pre-abdication conduct alleged is immune from the jurisdiction of the courts of this countryā€™.ā€

In the appeal court ruling, Lady Justice Simler said Mr Justice Nicklin was ā€œwrongā€ to conclude the alleged ā€œpre-abdication conductā€ was ā€œprivate conductā€.

She said Juan Carlos and Ms zu Sayn-Wittgenstein-Sayn were in an ā€œintimate relationshipā€ from 2004 to 2009.

Ms zu Sayn-Wittgenstein-Sayn alleged that, ā€œfrom 2012, the appellant engaged in a course of conduct amounting to harassmentā€.

ā€œI emphasise at this stage that there has, as yet, been no decision about whether any of the allegations she makes are true,ā€ the judge said.

ā€œThe appellant emphatically denies that he engaged in, or directed, any harassment of the respondent and rejects her allegations to the contrary as untrue.ā€

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