ABSTRACT
The government, acting in the name of the Crown, has a historic right to privileges and immunities.71 Before the Crown Proceedings Act 1947, two main principles governed the question of the legal liability of the Crown. The first principle was that ‘the King could do no wrong’ and, accordingly, could not be held liable for any actions which would be unlawful if committed by individuals. The second rule was that the King could not be sued in his own courts. Designed to protect the unique constitutional position of the Crown, as state regulation increased, Crown privilege extended to a wide range of central government activities, thereby weakening the legal protection given to individuals aggrieved by government action. In 1947, the Crown Proceedings Act extended the liability of the Crown to areas of tort and contract. European Community law, the European Convention on Human Rights and the Human Rights Act have all had an impact on this area of law.
