Tort claims against the UK Government must be brought in England or Scotland

15/11/13

The Gibraltar Court of Appeal (Sir Paul Kennedy, Sir William Aldous and Sir Mark Potter) today struck out proceedings against the Defence Secretary for negligence and breach of statutory duty in respect of an accident in Gibraltar.

Setting aside the decision of Mr Justice Butler, the court ruled that claims against the Crown could not be brought at common law, only under the Crown Proceedings Acts. The 1947 Act only affected the law enforced in courts in England and Scotland. The equivalent legislation in Gibraltar only permitted claims against the Crown in right of the Government of Gibraltar. There was no scope for the common law to develop. Any reform was a matter for the legislature.

The court also rejected arguments that these rules infringed the right to an effective remedy in EU law and several provisions of the Gibraltar Constitution.

The judgment is here.