Reeves v Deane-Freeman
Jurisdiction | England & Wales |
Judgment Date | 23 July 1952 |
Date | 23 July 1952 |
Docket Number | Case No. 46 |
Court | Queen's Bench Division |
(Lord Goddard C.J.)
British Commonwealth of Nations — Privileges of Visiting Forces — Visiting Forces (British Commonwealth) Act, 1933.
Jurisdiction — Territorial — Exemptions from — Foreign Visiting Forces — Forces of Another Member of British Commonwealth — Visiting Forces (British Commonwealth) Act, 1933.
The Facts.—The plaintiff claimed damages for negligence in respect of injuries sustained in a collision on November 14, 1946, between the plaintiff riding a motor-cycle, and a Canadian Army lorry driven by the defendant, a member of the Canadian Army, in the course of his duty. The writ was issued on December 2, 1949.
It was argued for the defence that the claim was barred by the Limitation Act, 1939, section 21 (1), as it had not been brought within one year of the date on which the cause of action accrued. It was argued for the defendant that a soldier on duty is not entitled to the protection of section 21 (1) of the Act, as a person acting in pursuance of a public duty or authority; and that even if he were, it would not apply to a member of the Canadian forces.
Held: that the defendant was protected by the Limitation Act, 1939, section 21 (1), and the claim, being out of time, accordingly failed. Lord Goddard said:
“In my opinion, the second point raised by the plaintiff is concluded in the defendant's favour by section 2 (3) (b) of the Visiting Forces (British Commonwealth) Act, 1933, the object of which, as it seems to me, is to put members of the forces of the British Commonwealth while in this country in precisely the same position as members of the home forces. The words of the section on which reliance is placed are these:
“‘Subject as hereinafter provided, any enactment (whether contained in the Naval Discipline Act, the Army Act, the Air Force Act or any other statute)...
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...that servants of a public authority carrying out its duties were protected by the Act, and that decision was re-affirmed. 21 In Reeves v Deane-Freeman [1952] 2 All E.R. 506 (Lord Goddard C.J.) affirmed on appeal [1953] 1 All E.R. 461; [1953] 1 Q.B. 459, it was held that a Canadian soldier......