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:
- Cited – Frame v Grampian University Hospitals NHS Trust HCJ 14-Feb-2004
The defendant NHS trust objected as to the leading of certain evidence by the prosecutor, saying it infringed the right to a fair trial.
Held: As a governmental body rather the Trust could not have human rights capable of being infringed, it . .
(Times 02-Mar-04) - Cited – Petition of Andrew Scott and Scott Davidson for Judicial Review of A Decision To Continue Their Detention In Inhumane Prison Conditions SCS 26-Oct-2001
Each applicant sought an interim order against the Scottish Minister with respect to their treatment in prison. It had been found that the conditions in Barlinnie Prison were inhumane. The Crown responded that the court had no jurisdiction to make . .
(, , [2001] ScotCS 242) - Cited – Reclaiming Motion In Petition of Scott Davidson for Judicial Review of A Decision To Continue To Detain the Prisoner In Inhuman and Degrading Prison C SCS 18-Dec-2001
A prisoner sought an order for his removal from a prison found to have a regime which breached his human rights. The Crown replied that an order could not be made under s21 of the 1947 Act.
Held: The prisoner had followed through his rights to . .
(, - Cited – Davidson v Scottish Ministers HL 15-Dec-2005
The complainant a prisoner sought an order that he should not be kept in conditions found to be inhumane. He had been detained in Barlinnie priosn. The Crown replied that a mandatory order was not available against the Scottish Ministers.
(, [2005] UKHL 74, Times 19-Dec-05, 2006 SC (HL) 41)
These lists may be incomplete.
Last Update: 27 November 2020; Ref: scu.194095 br>