||All England Reporter
|| All ER (D) 173 (Feb)
|| UKHL 4
||House of Lords
Lord Bingham of Cornhill, Lord Hoffmann, Lord Hope of Craighead, Lord Millett and Lord Walker of Gestingthorpe
||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.
||13 February 2003
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).
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.
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