Source: All England Reporter
Publisher Citation: [2003] All ER (D) 173 (Feb)
Neutral Citation: [2003] UKHL 4
Court: House of Lords
Judge:

Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Millett and Lord Walker of Gestingthorpe

Representation Richard Gordon QC and Robert Weir (instructed by Bond Pearce) for the appellant.
  David Pannick QC, Philip Sales and Kate Gallafent (instructed by the Treasury Solicitor) for the respondent.
Judgment Dates: 13 February 2003

Catchwords

Crown proceedings - Proceedings against the Crown - Liability of Crown - Immunity from suit in respect of claim in tort by serviceman for personal injury sustained during service - Substantive and procedural bars - European Convention on Human Rights, art 6(1).

The Case

of the Crown Proceedings Act 1947 was not incompatible with art 6(1) of the European Convention on Human Rights. The section created a substantive limitation on the right to sue the Crown in tort under s2 of the Act which, had s10 not been enacted would otherwise had been available.

Practice Areas

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