Source: All England Reporter
Publisher Citation: [2002] All ER (D) 137 (Jan)
Neutral Citation: [2002] EWHC 13 (QB)
Court: Queen's Bench Division
Judge:

Keith J

Representation Robert Weir (instructed by Pearce Bond) for the claimant.
  Robert Jay QC and Helen Mountfield (instructed by the Treasury Solicitor) for the Ministry.
Judgment Dates: 22 January 2002

Catchwords

Crown - Proceedings against - Liability of Crown - Immunity from suit in respect of members of armed forces - Claimant bringing proceedings against Crown for personal injury - Crown claiming immunity from suit - Claimant alleging immunity violating Convention rights - Whether immunity violating claimant's Convention rights - European Convention on Human Rights, art 6(1).

The Case

In an action for personal injury against the Ministry of Defence, determining a number of preliminary issues, the court held that s 10 of the Crown Proceedings Act which, inter alia, provided that the Ministry was immune from liability in tort for death or personal injury in regard of service personal either while on duty or while on military property, was incompatible with the claimant's right to a fair trial pursuant to art 6(1) of the European Convention of Human Rights.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.