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Part III Choice of Law, 6 Law Governing the Tortious Liability of the UK Government

From: Torts in UK Foreign Relations

Uglješa Grušić

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 07 December 2023

Subject(s):
Applicable law — Tort/delict — Jurisdiction and defendant’s location — Jurisdiction and the English courts

Chapter 6 looks at the tortious liability of the UK government. It shows that English law governs the issue of the UK government’s capacity to be liable in tort and the question of whether an allegedly wrongful act or the liability for an allegedly wrongful act is attributable to the Crown in right of the UK for the purposes of CPA 1947. It also points out that the case law provides little support for the application of foreign law to determine other conditions for imposing tortious liability on the UK government. The chapter discusses the issue of the UK government’s capacity to be liable in tort and the question of whether an allegedly wrongful act or the liability for an allegedly wrongful act are governed by English law. It outlines the legal nature of the UK government and its tortious liability under English law.

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