Judicial Immunity in UK Law

Leading Cases
  • Darker and Others v Chief Constable of the West Midlands Police
    • House of Lords
    • 27 Julio 2000

    But there is a crucial difference between statements made by police officers prior to giving evidence and things said or done in the ordinary course of preparing reports for use in evidence, where the functions that they are performing can be said to be those of witnesses or potential witnesses as they are related directly to what requires to be done to enable them to give evidence, and their conduct at earlier stages in the case when they are performing their functions as enforcers of the law or as investigators.

    On the other hand there has to be some degree of certainty about the existence of an immunity for it to be effective. The matter cannot be entirely left as one to be determined on each and every occasion. For the immunity of a witness to be effective it is necessary that the person concerned should know in advance with some certainty that what he or she says will be protected.

  • R v Bow Street Metropolitan Stipendiary Magistrate, ex parte Pinochet Ugarte (No. 3)
    • House of Lords
    • 24 Marzo 1999

    Where a state is not directly or indirectly impleaded in the litigation, so that no issue of state immunity as such arises, the English and American courts have nonetheless, as a matter of judicial restraint, held themselves not competent to entertain litigation that turns on the validity of the public acts of a foreign state, applying what has become known as the act of state doctrine.

  • Buttes Gas and Oil Company v Hammer; Buttes Gas and Oil Company v Hammer (No. 3)
    • House of Lords
    • 29 Octubre 1981

    Leaving aside all possibility of embarrassment in our foreign relations (which it can be said not to have been drawn to the attention of the court by the executive) there are - to follow the Fifth Circuit Court of Appeals - no judicial or manageable standards by which to judge these issues, or to adopt another phrase (from a passage not quoted), the court would be in a judicial no-man's land: the court would be asked to review transactions in which four sovereign states were involved, which they had brought to a precarious settlement, after diplomacy and the use of force, and to say that at least part of these were "unlawful" under international law.

  • Lincoln v Daniels
    • Court of Appeal
    • 17 Julio 1961

    I have come to the conclusion that the priviloge that covers proceedings in a court of justice ought not to be extended to matters outside those proceedings excopt where it is strictly necessary to do so in order to protect those who are to participate in the proceedings from a flank attack.

  • Jones v Ministry of the Interior of the Kingdom of Saudi Arabia and another (Secretary of State for Constitutional Affairs and another intervening); Mitchell v Al-Dali;
    • House of Lords
    • 14 Junio 2006

    But the same approach cannot be adopted in international law, which is based upon the common consent of nations. It is not for a national court to "develop" international law by unilaterally adopting a version of that law which, however desirable, forward-looking and reflective of values it may be, is simply not accepted by other states. (See Al-Adsani 34 EHRR 273, 297, para O-II9 in the concurring opinion of judges Pellonpää and Bratza).

  • Sutcliffe v Thackrah
    • House of Lords
    • 12 Febrero 1974

    I confess that I can see no more reason for regarding the architect as being in the same position as a judge or arbitrator than there is for so regarding the valuer. Judges and arbitrators have disputes submitted to them for decision. The evidence and the contentions of the parties are put before them for their examination and consideration. None of this is true about the valuer or the architect who were merely carrying out their ordinary business activities.

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Legislation
  • State Immunity Act 1978
    • UK Non-devolved
    • 1 de Enero de 1978
    ...... . S-22 . General interpretation. 22 General interpretation. . (1) In this Act ‘court’ includes any tribunal or body. exercising judicial functions; and references to the courts or. law of the United Kingdom include references to the courts or. law of any part of the United Kingdom. . ......
  • Constitutional Reform Act 2005
    • UK Non-devolved
    • 1 de Enero de 2005
    ...... House of Lords; to make provision about the jurisdiction of the Judicial Committee of the Privy Council and the judicial functions of the President ... . . (b) as enjoying any status, immunity or privilege of the Crown. . (2) The property of the Commission is not ......
  • Justice and Security Act 2013
    • UK Non-devolved
    • 1 de Enero de 2013
    ...... . (i) the possibility of a claim for public interest immunity in relation to the material,. . . (ii) the fact that there would be no ... Commission must apply the principles which would be applied in judicial review proceedings. . . (4) If the Commission decides that the direction ......
  • Access to Justice Act 1999
    • UK Non-devolved
    • 1 de Enero de 1999
    ...... magistrates and magistrates' courts; and to make provision about immunity from action and costs and indemnities for certain officials exercising .... (1) A holder of a United Kingdom judicial office may hold office in a. relevant international court without being ......
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Books & Journal Articles
  • Judicial Immunity and the Protection of Justices
    • Núm. 21-5, Septiembre 1958
    • The Modern Law Review
  • Public Interest Immunity — A Matter of Prime Judicial Responsibility
    • Núm. 57-5, Septiembre 1994
    • The Modern Law Review
  • Reviews
    • Núm. 58-3, Mayo 1995
    • The Modern Law Review
    Duncan Kennedy, Sexy Dressing etc. Essays on the Power and Politics of Cultural Identity David Frank Ross, J. Don Read and Michael P. Toglia (eds), Adult Eyewitness Testimony: Current Trends and De...
    ...... On this basis, we could justify judicial inspection of every contract down to its small print in order ... Olowofoyeku, Suing Judges: A Study of Judicial Immunity, Oxford: Clarendon Press, 1993, xxiv + 234 pp, hb 227.50. The ......
  • Parad0x and Pragmatism: ?Virtual Immunities' and the Imposition of Liability in Negligence Claims Against Local Authorities
    • Núm. 4-1, Enero 2014
    • Southampton Student Law Review
    • David Humphreys
    • 63-84
    The field of public authority liability has attracted much attention through apparent uncertainty of law. The issue of immunity for local authorities, due to policy considerations, has received div...
    ......The issue of immunity for local authorities, due to policy considerations, has received divided judicial and academic opinion. This paper journeys beyond the hypothetical realm of ......
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Law Firm Commentaries
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