…By Henry George for TDPel Media.
The former king of Spain, Juan Carlos, has requested that a High Court judge in London dismiss a damages claim filed by his former lover.
Danish businesswoman Corinna zu Sayn-Wittgenstein-Sayn, who is in her late 50s and has residences in England, has sued Juan Carlos, 85, alleging personal injury and seeking damages for the mental pain caused by his alleged spying and harassment.
Juan Carlos denies the allegations and is contesting the claims made against him.
Argument to Dismiss the Claim:
During a High Court hearing in London, Adam Wolanski KC, leading Juan Carlos’ legal team, urged Mrs Justice Collins Rice to “strike out” Ms zu Sayn-Wittgenstein-Sayn’s claim.
Wolanski argued that her case has no realistic chance of success and that the evidence fails to establish a viable claim.
He further pointed out that several matters relied upon by the claimant are subject to state immunity.
Wolanski characterized the alleged harassment as a collection of trivial and mostly historic complaints, emphasizing that Juan Carlos vehemently denies ever harassing Ms zu Sayn-Wittgenstein-Sayn.
Rejection of the “Strike Out” Application:
Lawyers representing Ms zu Sayn-Wittgenstein-Sayn disagreed with the application to strike out the claim, stating that it is misconceived and should be refused.
Barrister Jonathan Caplan KC, leading Ms zu Sayn-Wittgenstein-Sayn’s legal team, emphasized that the defendant is actively attempting to prevent the court from adjudicating the claim.
He countered the defense’s assertion that the claim is designed to harass Juan Carlos, describing it as unfounded and bold.
Jurisdictional Dispute and Earlier Proceedings:
Mr. Wolanski also requested that Mrs Justice Collins Rice rule that English judges have no jurisdiction to consider certain allegations.
Previously, another High Court judge, Mr. Justice Nicklin, had allowed the claims to be considered at trial in England.
However, Juan Carlos successfully appealed against some of Mr. Justice Nicklin’s conclusions, with the Court of Appeal judges ruling that certain pre-abdication conduct alleged against Juan Carlos falls outside the jurisdiction of English courts.
Argument for Trial:
Mr. Caplan argued that the claimant has a real prospect of successfully arguing that Juan Carlos’s behavior, including threats, trespass to property, harassment by publication, and covert surveillance carried out by him or his agents over approximately nine years, amounts to harassment.
He maintained that individual acts characterized as trivial by Juan Carlos should not be considered as such.
Mr. Caplan asserted that the claimant’s entire case should proceed to trial, allowing both parties to present their arguments and evidence for the court to make an informed decision.
Danish businesswoman Corinna zu Sayn-Wittgenstein-Sayn has sued the former king of Spain, Juan Carlos, seeking damages for personal injury allegedly caused by his spying and harassment.
Juan Carlos denies the allegations and seeks the dismissal of the claim.
Arguments were presented in a High Court hearing in London, where the defendant’s legal team requested the claim be struck out, while the claimant’s legal team argued for the case to proceed to trial.
The court will determine whether the claim should be dismissed or proceed to trial based on the arguments and evidence presented.