Source: All England Reporter
Publisher Citation: [2005] All ER (D) 145 (Oct)
Neutral Citation: [2005] UKHL 57
Court: House of Lords
Judge:

Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Hoffmann, Lord Hope of Craighead and Baroness Hale of Richmond
Representation David Vaughan QC and Fergus Randolph (instructed by Thomas Cooper and Stibbard) for the claimant.
  Jonathan Crow and Daniel Beard (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 13 October 2005

Catchwords

Crown - Divisibility - Proceedings against the Crown - Secretary of State instructing Commissioner for South Georgia and South Sandwich Islands not to allocate fishing licence to claimant - Courts determining instruction unlawful - Whether Her Majesty the Queen acting through Secretary of State in right of United Kingdom or in right of Government of South Georgia and South Sandwich Islands - Whether claimant entitled to damages under human rights legislation - South Georgia and South Sandwich Islands Order 1985, , s 5(1) - ss 6 and 7.

The Case

The instruction given by the Secretary of State on behalf of Her Majesty to the Commissioner of South Georgia and the South Sandwich Islands Order 1985, SI1985-449, was given by Her Majesty, acting through the Secretary of State, in right of the Government of the South Georgia and South Sandwich Islands (SGSSI). Accordingly the claimant, who had been refused a licence to fish waters in the area controlled by SGSSI, had no claim to damages under s7 of the Human Rights Act.

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