The Ministry appealed against a finding that the Act, which deprived the right of a Crown employee to sue for personal injuries, was an infringement of his human rights.
Held: The restriction imposed by the section was not a procedural section, but a substantive one which delimited the rights and liabilities arising under civil law. Accordingly, human right slaw did not apply. The Commission on human rights was wrong to suggest that such rights might be affected.
Judges:
Lord Phillips of Worth Matravers, Master of the Rolls, Lord Justice Mummery and Lady Justice Hale
Citations:
[2002] 1 WLR 2621, Times 31-May-2002, Gazette 04-Jul-2002, [2002] EWCA Civ 773
Links:
Statutes:
Crown Proceedings Act 1947 10, European Convention on Human Rights 6.1
Jurisdiction:
England and Wales
Citing:
Cited – Pinder v United Kingdom ECHR 1984
(Commission) ‘The Commission . . recalls that the concept of ‘civil rights’ is autonomous. Thus, irrespective of whether a right is in domestic law labelled ‘public’, ‘private’, ‘civil’ or something else, it is ultimately for the Convention organs . .
Cited – Dyer v United Kingdom ECHR 1985
. .
Appealed to – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Appeal from – Matthews v The Ministry of Defence QBD 22-Jan-2002
The claimant sought damages for asbestos related diseases, incurred whilst working as an engineer in the Royal Navy. He claimed that the bar on claiming against the Crown infringed his rights to a remedy. The 1987 Act removed the bar to a claim, but . .
Cited by:
Appeal from – Matthews v Ministry of Defence HL 13-Feb-2003
The claimant sought damages against the Crown, having suffered asbestosis whilst in the armed forces. He challenged the denial to him of a right of action by the 1947 Act.
Held: Human rights law did not create civil rights, but rather voided . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Armed Forces, Human Rights
Updated: 06 June 2022; Ref: scu.171334