Crown proceedings

actions by and against the Crown. Prior to the Crown Proceedings Act 1947 (now amended by the Crown Proceedings Act 1987), special procedures had to be used against the Crown. They were difficult for the claimant. Contractual actions had to proceed by way of petition of right and in tort, and because of the doctrine that the king could do no wrong, there was no liability unless admitted ex gratia on a case-by-case basis. Now proceedings may be brought by ordinary civil action. The Crown is liable for torts and delicts committed by its servants or agents acting in the general course of their functions and for breach of duties owed as employers or occupiers. The Crown will not be held liable for damages unless expressly bound or bound by necessary implication. Under the 1987 amendment, the Crown became liable to members of the armed forces.

An action must be raised against the authorised department, failing which the Attorney General. In Scotland all proceedings are raised against the Lord Advocate.

Although the Act allows applications to be made against the Crown for recovery of documents, this is subject to Crown privilege, which is itself subject to judicial control: Conway v . Rimmer [1968] 1 All ER 874. More recently, the head of protection has extended beyond the Crown, in the narrow sense, and instead lawyers speak of privilege on the ground of public interest: D. v . NSPCC [1977] 1 All ER 589.

European law has created independent heads of action against the Crown, permitting injunctions against the Crown: Factortame Ltd v. Secretary of State for Transport (No. 2) [1991] 1 All ER 70; and a general right to claim for damages for a failure to comply with European law: Francovich v . Italian Republic [1992] ECR 143.