An Act to amend the law relating to the civil liabilities and rights of the Crown and to civil proceedings by and against the Crown, to amend the law relating to the civil liabilities of persons other than the Crown in certain cases involving the affairs or property of the Crown, and for purposes connected with the matters aforesaid.
Citation
10 & 11 Geo. 6. c. 44
Introduced by
Lord Jowitt Lord Chancellor[1]
Territorial extent
England and Wales; Scotland;[2] Northern Ireland[3]
Dates
Royal assent
31 July 1947
Commencement
1 January 1948
Other legislation
Repeals/revokes
25 Edw. 1. c. 18
Crown Debtors Act 1785
Extents in Aid Act 1817
Petitions of Right Act 1860
Admiralty Suits Act 1868
Merchant Shipping (Salvage) Act 1940
Amended by
Merchant Shipping Act 1995
Status: Current legislation
Text of statute as originally enacted
Revised text of statute as amended
The Crown Proceedings Act 1947 (10 & 11 Geo. 6. c. 44) is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions against the Crown to be brought in the same way as against any other party. The Act also reasserted the common law doctrine of Crown privilege but by making it, for the first time, justiciable paved the way for the development of the modern law of public interest immunity.
The Act received royal assent on 31 July 1947 and came into force on 1 January 1948.[4]
There remain significant differences between Crown proceedings and claims between private parties, especially as to enforcement of judgments.
^Street (1948) p.129
^s.52
^Crown Proceedings (Northern Ireland) Order 1981, SI 1981/233
^SI1947/2527, art.1
and 24 Related for: Crown Proceedings Act 1947 information
The CrownProceedingsAct1947 (10 & 11 Geo. 6. c. 44) is an Act of the Parliament of the United Kingdom that allowed, for the first time, civil actions...
departments. Proceedings commenced by or against the Crown are governed by the CrownProceedingsAct1947, and procedurally by Part 66 of the Civil Procedure...
the Crown. Before the CrownProceedingsAct1947, the British Crown could not be sued in contract. However, as it was seen to be desirable that Crown contractors...
justice". In the United Kingdom, this writ was abolished by the CrownProceedingsAct1947, which came into effect on January 1, 1948. In New South Wales...
writ in most situations was abolished on 1 January 1948 by the CrownProceedingsAct1947. The actual writ of scire facias has been suspended in the federal...
rule of ordinary law." For exceptions in the United Kingdom, see CrownProceedingsAct1947. In Danny Morrison's words, "[t]he term 'security forces' suggests...
the Crown is interested, the Attorney General's right to claim a trial at bar is expressly preserved by Section 40(2)(g) of the CrownProceedingsAct 1947...
where an Act of Parliament had specifically provided that immunity be waived. The position was drastically altered by the CrownProceedingsAct1947 which...
circumscribed by Magna Carta. He generally acted within the terms of the charters, which prevented the Crown from taking extrajudicial action against the...
Crown. The common law holds that the sovereign "can do no wrong", and so cannot be prosecuted for criminal offences. The CrownProceedingsAct1947 allows...
address for service of proceedings on most government departments, by virtue of the list published under the CrownProceedingsAct1947. In England (with the...
Crown ProceedingsAct1947 ultimately allowed claims to be brought against the Crown as against any other party and throughout the UK, rendering the Act and...
incompatible with the European Convention of Human Rights under the Human Rights Act 1998 section 4. This is a central part of UK constitutional law. Very few...
factor that led to the enactment of the CrownProceedingsAct1947 in the United Kingdom. Before that Act the Crown, that is, the central government, was...
military discipline, are governed by Acts of Parliament. Under the CrownProceedingsAct1947, the monarch is the sole authority for the armed forces, and as...
Ministerial and other Pensions and Salaries Act 1991 Ministers of the CrownAct 1975 s 5. Under the CrownProceedingsAct1947 s 17 the Minister for Civil Service...
unsuccessful appeal to the House of Lords contributed to the CrownProceedingsAct1947. By 1946, Heilbron had appeared in ten murder trials, and in 1949...
Administrative Law (15th edn 2011) 674 Before the CrownProceedingsAct1947 came into force, the Crown could not be sued directly and the culpable official...
21 October 1947 until 13 September 1948. Name of act changed by the Sri Lanka Republic Act 1972 Private Legislation Procedure (Scotland) Act 1936 (26 Geo...
Indian Independence Act1947, British India was to be divided into the independent sovereign states of India and Pakistan. From 1947 to 1952, King George...
The Legal Proceedings During Commonwealth Act 1660 or Act of the Confirmation of Judicial Proceedings (12 Cha. 2. c. 12) was enacted by the English Parliament...
Ministerial and other Pensions and Salaries Act 1991 Ministers of the CrownAct 1975 s 5. Under the CrownProceedingsAct1947 s 17 the Minister for Civil Service...
Global Information