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Report No. 01

35. Section 10 - Armed forces.-

Section 10 relates to the armed forces. The liability of both the Crown and a member of the armed forces for causing death or personal injury to another member is excluded if at the time of the injury the person was on duty or though not on duty was on any land, premises, ship, aircraft or vehicle for the time being used for the purpose of the armed forces of the Crown, subject, however, to the condition that the Minister of Pensions certifies that his suffering has been or will be treated as attributable to service for the purpose of entitlement to award of pension under the Royal Warrant, Order in Council, or Order of His Majesty relating to ,the disablement or death of members of the force of which he is a member.

Sub-section 2 of that section excludes the liability of the Crown for death or personal injury to anything suffered by a member of the armed forces of the Crown by reason of the nature and condition of any such land, premises, ship, aircraft or vehicle or negligence of the nature and condition of any equipment or buildings used for the purpose of those forces, provided the Minister of Pensions certifies that the suffering was attributable to service for the purpose of entitlement of pension as provided above.

It will be noticed that the section is restricted only to death or personal injury and does not extend to other wrongs. If the tort was such that it did not cause either personal injury or death it would seem that the Crown would be liable; for example, in the case of defamation a member of the armed forces as well as the Crown would be liable.

The reason for excluding liability in the above cases seems to be that sufficient provision to repair the injury or the loss occasioned by death is made under the Pensions Act to be determined by the Minister of Pensions. Why the officer should also escape from liability in such cases is not clear but it may be that the compensation paid under the Pensions Act is treated as adequate.

36. Section 2(5) - Judicial acts and Judicial process.-

Section 2(5) exempts the Crown from liability for judicial acts and also executions of judicial process.



Liability of the State in Tort Back




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