Crown proceedings

E143519

Crown proceedings are legal actions in which the state, represented by the Crown, is a party in civil or criminal matters within common law jurisdictions.

All labels observed (3)

How this entity was disambiguated

Statements (44)

Predicate Object
instanceOf common law doctrine
legal proceeding
public law concept
aimsTo balance state functions with individual rights
appliesIn Australia
Canada
New Zealand
United Kingdom
other Commonwealth realms
canResultIn damages awards against the state
declaratory relief against the state
injunctive relief against public authorities
concerns enforcement of public duties
liability of the state
rights of individuals against the state
currentlyCharacterizedBy expanded rights to sue the state
developedFrom petition of right procedure
distinguishedFrom private civil proceedings between individuals
hasDoctrinalBasisIn the Crown as legal embodiment of the state
hasJurisdictionType civil
criminal
hasPartyRole Crown as defendant
Crown as plaintiff
hasProceduralFeature limitations on execution against state property
special service and notice requirements
statutory time limits for claims
historicallyCharacterizedBy limited ability to sue the Crown
involvesParty the Crown
the state
involvesRepresentationBy Attorney General or equivalent law officer
isBasedOn sovereign immunity principles
isModifiedBy statutory waivers of immunity
isRegulatedBy Crown proceedings self-linksurface differs
surface form: Crown Proceedings Act 1947
legalSystem common law
mayInclude contract claims against the state
judicial review of executive action
recovery of debts owed by the state
tort claims against the state
recognizes Crown can be sued in its own courts
relatedTo administrative law
public law
sovereign immunity
state liability
subjectTo statutory exceptions and immunities

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

the Crown partyTo Crown proceedings
Crown proceedings isRegulatedBy Crown proceedings self-linksurface differs
this entity surface form: Crown Proceedings Act 1947
Solicitor-General of New Zealand legalAuthority Crown proceedings
this entity surface form: Crown Proceedings Act 1950