Holland v Lampen Wolfe [2000] 3 All ER 833

L an American Citizen was a civilian official of the US department of defence, working as educational services officer at a US military base in UK. He advised the commander on educational programs, which include a course by a US professor from a US university, the classes were given by H. L wrote a memorandum to the university reporting serious criticisms of H by her students and questioning her competence. H brought proceedings for defamation against L

The writing and publication of L’s memo were acts done in relation to the armed forces of the US in UK. By virtue of 16(2) of SIA it did not apply to anything done ‘by or in relation to’ the armed forces, so common law applies In order to determine if an act is subject to state immunity under common law it is necessary to analyse the particular facts against the whole context in which they occurred. L had been acting as an official of the US. The standard of education which the US afford to its own servicemen is a matter within its own sovereign authority and is not subject to the supervision or jurisdiction of another state