| Subject: Re: Can we claim agaisnt the state? |
Author:
SJT
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Date Posted: 00:30:02 06/05/04 Sat
In reply to:
KP
's message, "Can we claim agaisnt the state?" on 13:26:00 05/17/04 Mon
Regarding your rights to sue.
Someone mentioned that the government/Crown is immune from being sued. This is incorrect. The Crown is subject to the rule of law just like everyone else. The only circumstance where the Crown has any kind of 'immunity' is in criminal law - it may be held to have committed an offence however it may not be punished for breaking the law.
Secondly, your rights are not waived even if you have broken the law. If a public body had acted outside the powers conferred upon them then their actions are unlawful and you would have a right to damages against you.
However, any claim will be impossible by virtue of the Limitation Act 1980 which places a 6 year limit on bringing a claim.
Hope this helps.
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