Immunity from Suit in UK Law
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Arenson v Arenson
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There is a primary and anterior consideration of public policy, which should be the starting-point. This is that, where there is a duty to act with care with regard to another person and there is a breach of such duty causing damage to the other person, public policy in general demands that such damage should be made good to the party to whom the duly is owed by the person owing the duty.
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Taylor v Director of the Serious Fraud Office
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The policy of the immunity is to enable people to speak freely without fear of being sued, whether successfully or not. If this object is to be achieved, the person in question must know at the time he speaks whether or not the immunity will attach. If it depends upon the contingencies of whether he will be called as a witness, the value of the immunity is destroyed.
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Somasundaram v M. Julius Melchoir & Company
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Both counsel submit, rightly in our judgment, that advice as to a plea is something which is so intimately connected with the conduct of the cause in court that it can fairly be said to be a preliminary decision affecting the way that the cause is to be conducted when it comes to a hearing, within the test proposed by McCarthy P. in Rees v. Sinclair and approved by the House of Lords in Saif Ali's case. Indeed it is difficult to think of any decision more closely so connected.
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Rondel v Worsley
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But it would, in my view, be undesirable in the interests of the fair and efficient administration of justice to tolerate a system under which, as a sort of bye-product after the trial of an action and after any appeal or appeals, there were litigation upon litigation with the possibility of a recurring chain-like course of litigation. It would be a retrograde development if an advocate were under pressure unwarrantably to subordinate his duty to the Court to his duty to the client.
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Stanton and Another v Callaghan and Others
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It seems to me that the following propositions are supported by authority binding in this Court: (i) an expert witness who gives evidence at a trial is immune from suit in respect of anything which he says in court, and that immunity will extend to the contents of the report which he adopts as, or incorporates in, his evidence; (ii) where an expert witness gives evidence at a trial the immunity which he would enjoy in respect of that evidence is not to be circumvented by a suit based on the report itself; and (iii) the immunity does not extend to protect an expert who has been retained to advise as to the merits of a party's claim in litigation from a suit by the party by whom he has been retained in respect of that advice, notwithstanding that it was in contemplation at the time when the advice was given that the expert would be a witness at the trial if that litigation were to proceed.
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Zoernsch v Waldock
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The immunity of an envoy from suit or legal process arisesfrom the duties owed by States to one another in international law. In respect of acts done by an envoy in his private capacity the purpose of his immunity from suit or legal process is so that he may perform his duties to his government without harassment while en poste.
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Saif Ali v Sydney Mitchell & Company
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It would be absurd if counsel who is immune from an action in negligence for refusing in court to call a witness could be sued in negligence for advising out of court that the witness should not be called. If he could be sued for giving such advice it would make a travesty of the general immunity from suit for anything said or done in court and it is well settled that any device to circumvent this immunity cannot succeed, see e.g. Marrinan v. Vibart [1963] 1 Q.B. 234, 528.
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Diplomatic Immunities (Commonwealth Countries and Republic of Ireland) Act 1952
......’), shall be entitled to the like immunity. from suit and legal process, and the like ......
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Inquiries Act 2005
...... any likelihood of liability being inferred from facts that it determines or recommendations that ... withheld on grounds of public interest immunity apply in relation to an inquiry as they apply in .... 37: Immunity from suit . (1) No action lies against—(a) a member of an ......
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Aliens Order, 1953
....... 15. Exemption from and postponement of registration in certain ... an envoy, or being entitled to the like immunity from suit and legal process as is accorded to ......
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British Nationality Act 1948
...... . a . ) his father possesses such immunity from suit and legal. process as is accorded to an ......
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Denying Foreign State Immunity on the Grounds of the Unavailability of Alternative Means
Granting immunity from suit to a foreign state or an international organisation, deprives the plaintiff of access to court and appears incompatible with the rule of law. Since the European Court of......... bility of Alternati ve Means MizushimaT omonori n Granting immunity from suit to a foreign state or an international organisation, deprives the ......
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Index to Volume 67: Parts 1, 2, 3, 4, 5 and 6
......) Abuse of process 20, 87 Advocates’ immunity from suit in respect of conduct in court 401 ......
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Not Yet Dead: Wright v Paton Farrell and Advocates' Immunity in Scotland
...... on of loss, and for its extensive dicta on advocates’ 2 immunity from suit. The artic le argues that although t he causation issu e appears ......
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One Immunity Has Gone . . . Another . . .: Holland v. Lampen‐Wolfe
....... . : Holland v Lampen-Wolfe Mizushima Tomonori* ‘Any immunity from suit is a derogation from a person’s fundamental right of access to the ......
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International Organisations: Immunity From Suit And Legal Process
An international organisation is not a State, and is only afforded immunity to the extent granted by statute. It is relatively uncommon for international organisations to come before the English co...
- Speak No Evil: Section 236 Examinees And Immunity From Suit
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London Digest - Spring 2011
In This Issue: Main Articles: Case Law Update: Misselling Financial Products Balance Sheet Insolvency: The Point of No Return Commercial Contracts: The Uncertainty of Construction ......... Court Abolishes Expert Witnesses’ Immunity from SuitPage 5Time to Pack Up the Phoenix ... (by a majority) abolished immunity from suit that expert witnesses have enjoyed in relation to ......
- Sovereign State Immunity From Anti-suit Injunctions