Practice and Procedure

KHURTS BAT (Appellant) v GERMANY (Respondent) & (1) MONGOLIA (2) SECRETARY OF STATE FOR FOREIGN & COMMONWEALTH AFFAIRS (Interested Parties) (2011)

PUBLISHED July 29, 2011

[2011] EWHC 2029 (Admin)

Whether or not a visit to the UK by a foreign diplomat constituted a special mission was for the UK Government to decide, not the courts. The court considered the essential requirements to give a mission the status of special mission and also considered the principle of state immunity ratione materiae. It concluded that an extradition order relating to the Head of the Office of National Security in Mongolia was valid and that he did not have immunity from prosecution.

QBD (Admin) (Moses LJ, Foskett J)