Will Diplomatic Immunity Win – Game, Set And Match?

Former world number one and three-time Wimbledon champion Boris Becker, who was declared bankrupt by an order dated 21 June 2017, is claiming diplomatic immunity against ongoing bankruptcy proceedings in the High Court. Mr Becker claims his role as sports attaché to the Central African Republic (CAR) makes him immune from further actions against his assets over debts owed to private bank Arbuthnot Latham and other creditors.

The trustees of Mr Becker's estate applied on 31 May 2018 to have Mr Becker's bankruptcy continue as they consider he has failed to comply with his obligations. The Insolvency Act 1986 provides for an automatic discharge from bankruptcy after 12 months from the bankruptcy commencement, subject to an order being made suspending the discharge. In June Mr Becker's lawyers made submissions claiming diplomatic immunity based on Mr Becker's purported appointment as the CAR sporting, cultural and humanitarian attaché to the European Union in April 2018. Mr Becker's claim is that the appointment entitles him to immunity pursuant to the Diplomatic Privileges Act 1964 (DPA), which gives effect to the 1961 Vienna Convention on Diplomatic Relations (VCDR). Specifically, Article 31 of the VCDR grants a "diplomatic agent" immunity from the criminal, civil and administrative jurisdiction of the receiving State, with limited exceptions. At a hearing in June, the parties agreed that the discharge from bankruptcy should be suspended, with the Individual Insolvency Register recording "discharge suspended indefinitely" subject to the fulfilment of conditions specified in the order made by the Court and effective from 18 June 2018.

Injunctive relief

The trustees in bankruptcy were due to hold an auction of Mr Becker's trophies and memorabilia on 28 June 2018. Mr Becker's legal team...