British Medical Association v Greater Glasgow Health Board: HL 1989

The House considered the availability of orders against the Crown in Scotland. It is inconceivable that Parliament should have intended to fetter the right of the subject to obtain a prohibitory order more strictly in Scotland than in England. The general purpose of the Act was ‘to make it easier rather than more difficult for a subject to sue the Crown’,
References: 1989 SC 65, 1989 SC HL 60
Judges: Lord Jauncey
Statutes: Crown Proceedings Act 1947 21
Jurisdiction: Scotland
This case cites:

  • Approved – Pfizer Corporation v Ministry of Health CA 1964
    Lord Justice Diplock said: ‘The duty to provide hospital and specialist services is imposed upon the Minister. It is in its nature a duty which he can only perform vicariously through agents acting on his behalf. The Act requires him to do so . .
    ([1964] Ch 614)

This case is cited by:

These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194095