swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Armed Forces - From: 1985 To: 1989
This page lists 2 cases, and was prepared on 03 April 2018.
Regina v Prime [1983] 5 CAR (S) 127
1985
CACD
Lawton LJ
Criminal Sentencing, Armed Forces
Lawton LJ confirmed the need for deterrent sentencing in cases of communication information likely to be of assistance to an enemy: "Anyone, particularly those in the Armed Services and Government Service who is tempted, whether by money, threats of blackmail or ideology, to communicate sensitive information to a potential enemy, should have in mind what happened to this applicant. This is particularly so nowadays when, because of the developments in the gathering and storing of information by electronic means, those in comparatively lowly positions often have access to material which could endanger the security of the state if it got into the wrong hands."
1 Citers
Bell v Secretary of State for Defence [1986] QB 322; [1985] 3 All ER 661
1986
CA
Negligence, Constitutional, Armed Forces
The deceased was injured serving in the forces in Germany. His injury was worstened after negligent communications between army doctors. The defendant relied upon State Immunity to defend a claim, saying he had issued a certificate that he had died on active duty. Held: The Secretary was entitled to issue the certificate of entitlement even though at the time no-one was entitled to receive an award, and the only effect was to achieve immunity from suit. However the action which caused the injury was the failure to communicate the deceased's condition, which happened at the civilian hospital and not on Crown Land, and therefore the section did not give immunity.
Crown Proceedings Act 1947 10(1)(a)(b)
1 Cites
1 Citers