Crown Proceedings Act

Link to law: http://laws.gov.ag/acts/chapters/cap-121.pdf
Published: 1956

Crown Proceedings (CAP. 121 1

CHAPTER 121

THE CROWN PROCEEDINGS ACT

Arrangement of Sections
Sections

1. Short title.
2. Interpretation.

PART I - SUBSTANTIVE LAW.
3. Right to sue the Crown.
4. Liability of the Crown in tort.
5. Provisions as to industrial property.
6, Application of law as to indemnity and contribution.
7. Liability in connection with postal packets.
8. Provisions relating to the armed forces.
9 . Saving in respect of acts done under prerogative and

statutory powers.

PART I1 - JURISDICTION AND PROCEDURE.
10. Abolition of certain proceedings and institution of civil

proceedings in the Supreme Court.
1 1. Civil proceedings in the Court of Summary Jurisdic-

tion and Magistrate's Court.
12. Interpleader.
13. Parties to proceedings.
14. Service of documents.
15. Removal and transfer of proceedings.
16. Nature of relief.
17. Costs in civil proceedings to which the Crown is a party.
18. Appeals and stay of execution.
19. Scope of Part 11.

PART I11 - JUDGMENTS AND EXECUTION.
20. Interest on debts, damages and costs.
21. Satisfaction of orders against the Crown.
22. Execution by the Crown.
23. Attachment of moneys payable by the Crown.

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2 CAP. 121) Crown Proceedings

PART IV - MISCELLANEOUS AND
SUPPLEMENTAL.

24. Discovery.
25. Exclusion of proceedings in rem against the Crown.
26. Limitation of actions.
27. Application to the Crown of certain statutory provisions.
28. No abatement on demise of Crown.
29. Rules of court.
30. Pending proceedings.
3 1 . Financial provisions.
32. Savings.

SCHEDULE.

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Crown Proceedings (CAP. 121 3

CROWN PROCEEDINGS

(30th June, 1956.) 1911954.
1511956.
211957.

1. This Act may be cited as the Crown Proceedings short title.
Act.

2. (1) Any reference in this Act to the provisions of Interpretation.
this Act shall, unless the context otherwise requires, include
a reference to rules of court and Magistrates' Courts rules
made for the purposes of this Act.

(2) In this Act-

"agent" when used in relation to the Crown, includes
an independent contractor employed by the Crown;

"Her Majesty's aircraft" does not include aircraft
belonging to Her Majesty otherwise than in right
of Her Government in the United Kingdom;

"Her Majesty's ships" means ships of which the
beneficial interest is vested in Her Majesty or which " <
are registered as Government ships for the purposes
of the Merchant Shipping Acts, 1894 to 1940, or
which are for the time bei& demised or subdemised

L,

to or in the exclusive possession of the Crown,
except that the said expression does not include any
ship in which Her Majesty is interested otherwise
than in right of Her Government in the United
Kingdom unless that ship is for the time being
demised or subdemised to Her Majesty in right of
Her said Government or in the exclusive posses-
sion of Her Majesty in that right;

"Magistrates' Courts rules" includes rules made by the
Governor-General under section 250 of the
Magistrate's Code of Procedure Act and pursuant Cap. 255.
to section 29;

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4 CAP. 121) Crown Proceedings

"civil proceedings" include proceedings in the Supreme
Court or the Court of Summary Jurisdiction for
the recovery of fines and penalties;

"officer" in relation to the Crown includes the
Governor-General, a Minister, and any servant of
Her Majesty in right of Her Government of
Antigua and Barbuda;

"order" includes a judgment, decree, rule, award or
declaration;

"prescribed" means prescribed by rules made under
section 29;

"proceedings against the Crown" includes a claim by
way of set-off or counterclaim raised in proceedings
by the Crown;

"statutory duty" means any duty imposed by or under
any Act or other law extending to (or having effect
in) Antigua and Barbuda.

(3) Any reference in Parts I11 and IV to civil pro-
ceedings by or against the Crown, or to civil proceedings
to which the Crown is a party, shall be construed as including
a reference to civil proceedings to which the Attorney-General
or any officer of the Crown as such is a party:

Provided that the Crown shall not for the purposes of
Parts I11 and IV be deemed to be a party to any proceedings
by reason only that they are brought by the Attorney-General
upon the relation of some other person.

(4) Any reference in this Act to the armed forces of the
Crown shall be construed as including a reference to the
following forces-

(a) the Women's Royal Naval Service;

( b ) the Queen Alexandra's Royal Naval Nursing
Service; and

(6) any other organization established under the
control of the Admiralty, the Army Council or the Air
Council.

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Crown Proceedings (CAP. 121 5

(5) References in this Act to any enactment shall be
construed as references to that enactment as amended by
or under any other enactment including this Act.

PART I

3. ( 1 ) Where after the commencement of this Act any Right to sue the
Crown.

person has a claim against the Crown as defined in subsec-
tion (2) then, subject to the provisions of this Act, the claim
may be enforced as of right, and without the consent of the
Governor-General, by proceedings taken against the Crown
for that purpose in accordance with the provisions of this Act.

(2) The reference to a claim against the Crown in
subsection (1) shall be construed as meaning a claim against
the Government which, if this Act had not been passed, might
have been enforced, subject to the consent of the Governor-
General, in a suit instituted by the claimant as plaintiff against
the Attorney-General as defendant in accordance with the
provisions of the Crown Suits Act or might have been en- 1011907
forced by a proceeding provided by any other statutory
provision.

(3) Any claim against the Crown made pursuant to any
statutory provision enacted after the commencement of this
Act shall, unless otherwise directed by any law, be likewise
enforced as of right, and without the fiat of the Governor-
General, by proceedings taken against the Crown in accord-
ance with the provisions of this Act.

4. ( 1 ) Subject to the provisions of this Act, the Crown Liability Crown in of tort. the
shall be subject to all those liabilities in tort to which, if it
were a private person of full age and capacity, it would be
subject-

(a) in respect of torts committed by its servants or
agents;

( 6 ) in respect of any breach of those duties which
a person owes to his servants or agents at common law
by reason of being their employer; and

(c) in respect of any breach of the duties attaching
at common law to the ownership, occupation, posses-
sion or control of property:

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CAP. 121) Crown Proceedings

Provided that no proceedings shall lie against the Crown
by virtue of paragraph (a) in respect of any act or omission
of a servant or agent of the Crown unless the act or omission
would apart from the provisions of this Act have given rise
to a cause of action in tort against that servant or agent or
his estate.

(2) Where the Crown is bound by a statutory duty which
is binding also upon persons other than the Crown and its
officers, then, subject to the provisions of this Act, the Crown
shall, in respect of a failure to comply with that duty, be
subject to all those liabilities in tort (if any) to which it would
be so subject if it were a private person of full age and
capacity.

(3) Where any functions are conferred or imposed upon
an officer of the Crown as such either by any rule of the
common law or by any law, and that officer commits a tort
while performing or purporting to perform those functions,
the liabilities of the Crown in respect of the tort shall be
such as they would have been if those functions had been
conferred or imposed solely by virtue of instructions lawful-
ly given by the Crown.

(4) Any enactment which negatives or limits the amount
of the liability of the Crown or an officer of the Crown in
respect of any tort committed by such officer shall, in case
of proceedings against the Crown under this section in respect
of a tort committed by such officer, apply in relation to the
Crown as it would have applied in relation to such officer
if the proceedings against the Crown had been proceedings
against the said officer.

(5) No proceedings shall lie against the Crown by virtue
of this section in respect of anything done or omitted to be
done by any person while discharging or purporting to
discharge any responsibilities of a judicial nature vested in
him, or any responsibilities which he has in connection with
the execution of judicial process.

(6) No proceedings shall lie against the Crown by virtue
of this section in respect of any act, neglect or default of
any officer of the Crown, unless that officer has been directly

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Crown Proceedings (CAP. 121 7

or indirectly appointed by the Crown and was at the material
time paid in respect of his duties as an officer of the Crown
wholly out of the general revenue or other government funds
of Antigua and Barbuda, or was at the material time holding
an office in respect of which the Governor-General certifies
that the holder thereof would normally be so paid.

5 . (1) Where after the commencement of this Act any Fovisipns as to
servant or agent of the Crown infringes a patent, or infringes ~d,;:,:1:
a registered trade mark, or infringes any copyright and the
infringement is committed with the authority of the Crown,
then, subject to the provisions of this Act, civil proceedings
in respect of the infringement shall lie against the Crown.

(2) Nothing in subsection (1) or in any other provisions
of this Act shall affect the rights of the Governor-General
under section 29 of the Patents Act. Cap. 308.

(3) Save as expressly provided by this section, no pro-
ceedings shall lie against the Crown by virtue of this Act
in respect of the infringement of a patent, in respect of the
infringement of a registered trade mark, or in respect of the
infringement of any such copyright as is mentioned in sub-
section (1).

6. Where the Crown is subject to any liability by i;p:fa:b"" of
virtue of this Part, any law relating to indemnity and con- indemnity and
tribution shall be enforceable by or against the Crown in contribution.
respect of the liability to which it is so subject as if the Crown
were a private person of full age and capacity.

7. (1) Subject as hereinafter provided, no proceedings Liability in
connection with

in tort shall lie against the Crown for anything done or postal packets.
omitted to be done in relation to a postal packet by any person
while employed as a servant or agent of the Crown, nor shall
any officer of the Crown be subject, except at the suit of
the Crown, to any civil liability therefor.

(2) Proceedings shall lie against the Crown under this
subsection in respect of loss of or damage to a registered
inland postal packet in so far as the loss or damage is due
to any wrongful act done or any neglect or default commit-
ted by a person employed as a servant or agent of the Crown

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8 CAP. 121) Crown Proceedings

while performing or purporting to perform his functions as
such in relation to the receipt, carriage, delivery or other
dealing with the packet:

Provided that-

(a) no proceedings shall lie under this subsection
in respect of any postal packet registered before the com-
mencement of this Act;

( 6 ) the amount recoverable in any proceedings
under this subsection shall not exceed the market value
of the packet in question (excluding the market value
of any message or information which it bears) at the
time when the cause of action arises;

(c) the amount recoverable in such proceedings
shall not in any event exceed the maximum amount
which, under the Post Office Rules is available for com-
pensating the persons aggrieved having regard to the
fee paid in respect of the registration of the packet; and

(d) the Crown shall not be liable under this subsec-
tion in respect of any packet unless such conditions as
are prescribed by the Post Office Rules in relation to
registered inland postal packets have been complied with
in relation to that packet.

For the purposes of any proceedings under this subsec-
tion, it shall be presumed, until the contrary is shown on
behalf of the Crown, that the loss of or damage to the packet
was due to some wrongful act done, or some neglect or default
committed, by a person employed as a servant or agent of
the Crown while performing or purporting to perform his
functions as such in relation to the receipt, carriage, delivery
or other dealing with the packet.

(3) No relief shall be available under subsection (2)
except upon a claim by the sender or the addressee of the
packet in question; and the sender or addressee of the packet
shall be entitled to claim any relief available under the said
subsection in respect of the packet whether or not he is the
person damnified by the injury complained of, and to give
a good discharge in respect of all claims in respect of the
packet under the said subsection:

Provided that where the court is satisfied, upon an
application by any person who is not the sender or addressee

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Crown Proceedings (CAP. 121 9

of the packet, that the sender and the addressee are unable
or unwilling to enforce their remedies in respect of the packet
under the said subsection, the court may, upon such terms
as to security for costs and otherwise as the court thinks just,
allow that other person to bring proceedings under the said
subsection in the name of the sender or the addressee of the
packet.

Any reference in this subsection to the sender or
addressee of the packet includes a reference to his personal
representatives.

(4) Where by virtue of subsection (3) any person
recovers any money or property which, apart from that
subsection, would have been recoverable by some other
person, the money or property so recovered shall be held
on trust for that person.

(5) Post Office Rules may be made for prescribing the
conditions to be observed for the purposes of this section
in relation to registered inland postal packets.

(6) In this section-

The expression "postal packet" has the same meaning
as in the Post Office Act. Cap. 335.

The expression "inland postal packet7' means a postal
packet which is posted in Antigua and Barbuda,
for delivery at any place within Antigua and
Barbuda to the person to whom it is addressed.

The expression "sender" in relation to a postal packet
has such meaning as may be assigned to it by Post
Office Rules.

(7) Any reference in this section to a postal packet shall
be construed as including a reference to the contents of such
a packet.

8. (1) Nothing done or omitted to be done by a Provisions
relating to the

member of the armed forces of the Crown while on duty forces.
as such shall subject either him or the Crown to liability in
tort for causing the death of another person, or for causing

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10 C A P . 121) Crown Proceedings

personal injury to another person, in so far as the death or
personal injury is due to anything suffered by that other
person while he is a member of the armed forces of the Crown
if-

(a) at the time when that thing is suffered by that
other person, he is either on duty as a member of the
armed forces of the Crown or is, though not on duty
as such, on any land, premises, ship, aircraft or vehicle
for the time being used for the purposes of the armed
forces of the Crown; and

( 6 ) (i) where that other person is a member of
the armed forces of the Crown in right of
its Government in the United Kingdom,
the Minister of Pensions certifies that his
suffering that thing has been or will be
treated as attributable to service for the
purposes of entitlement to an award under
the Royal Warrant, Order in Council or
Order of Her Majesty relating to the
disablement or death of members of the
force of which he is a member;

(ii) where that other person is a member of
the armed forces of the Crown in right of
its Government in Antigua and Barbuda,
the Governor-General certifies that his
suffering that thing has been or will be
treated as attributable to service for the
purposes of entitlement to a gratuity or
pension under any enactment relating to
the disablement or death of members of
the force of which he is a member:

Provided that this subsection shall not exempt a member
of the said forces from liability in tort in any case in which
the court is satisfied that the act or omission was not con-
nected with the execution of his duties as a member of those
forces.

(2) No proceedings in tort shall lie against the Crown
for death or personal injury due to anything suffered by a
member of the armed forces of the Crown if-

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Crown Proceedings (CAP. 121 1 1

(a) that thing is suffered by him in consequence
of the nature or condition of any such land, premises,
ship, aircraft or vehicle as aforesaid, or in consequence
of the nature or condition of any equipment or supplies
used for the purposes of those forces; and

(6) (i) in the case of a member of the armed forces
of the Crown in right of its Government
in the United Kingdom, the Minister of
Pensions certifies as mentioned in the
preceding subsection;

(ii) in the case of a member of the armed forces
of the Crown in right of its Government
in Antigua and Barbuda, the Governor-
General certifies as mentioned in the
preceding subsection,

nor s h d any act or omission of an officer of the Crown subject
him to liability in tort for death or personal injury, in so
far as the death or personal injury is due to anything suffered
by a member of the armed forces of the Crown being a thing
as to which the conditions aforesaid are satisfied.

(3) The Governor-General, if satisfied that it is the
fact-

(a) that a person was or was not on any particular
occasion on duty as a member of the armed forces of
the Crown in right of its Government in Antigua and
Barbuda , or

(6) that at any particular time any land, premises,
ship, aircraft, vehicle, equipment or supplies was or was
not, or were or were not, used for the purposes of the
said forces,

may issue a certificate certifying that to be the fact; and any
such certificate shall, for the purposes of this section, be con-
clusive as to the fact which it certifies.

(4) A certificate of the Admiralty or a Secretary of
State-

(a) that a person was or was not on any particular
occasion on duty as a member of the armed forces of

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12 CAP. 121) Crown Proceedings

the Crown in right of its Government in the United
Kingdom; or

(6 ) that at any particular time any land, premises,
ship, aircraft, vehicle, equipment or supplies was or was
not, or were or were not, used for the purposes of the
said forces,

shall, for the purposes of this section, be conclusive as to
the fact which it certifies.

( 5 ) For the purposes of this section "member of the
armed forces of the Crown" unless the context otherwise
requires means a member of the armed forces of the Crown
in the right of its Government in Antigua and Barbuda
(including members of the Police Force) or in right of its
Government in the United Kingdom.

(6) Nothing in this section shall be deemed by implica-
tion or otherwise to confer any right of action against the
Crown in right of its Government in the United Kingdom.

Saving in respect
of acts done

9. (1) Nothing in Part I shall extinguish or abridge
under prerogative any powers or authorities which, if this Act had not been
and statutory passed, would have been exercisable by virtue of the
powers.

prerogative of the Crown, or any powers or authorities con-
ferred on the Crown by any law and, in particular, nothing
in the said Part I shall extinguish or abridge any powers
or authorities exercisable by the Crown, whether in time of
peace or of war, for the purpose of the defence of Antigua
and Barbuda or of training, or maintaining the efficiency
of, any of the armed forces of the Crown.

(2) Where in any proceedings under this Act it is
material to determine whether anything was properly done
or omitted to be done in the exercise of the prerogative of
the Crown, the Governor-General may, if satisfied that the
act or omission was necessary for any such purpose as is
mentioned in the last preceding subsection, issue a certificate
to the effect that the act or omission was necessary for that
purpose; and the certificate shall, in those proceedings, be
conclusive as to the matter so certified.

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Crown Proceedings (CAP. 121 13

PART I1

JURISDICTION AND PROCEDURE

10. (1) Subject to the provisions of this Act all such Abolition of
certaxn civil proceedings by or against the Crown as are mentioned proceedings and

in the Schedule are hereby abolished, and all civil proceedings institution of
by or against the Crown in the Supreme Court shall be ~~~~~~~~~P
instituted and proceeded with in accordance with rules of Court.
court and not otherwise.

(2) In relation to any claim against the Crown in the
Supreme Court as a Colonial Court of Admiralty which falls
within the jurisdiction of that Court as a prize court, the
expression "rules of court" in this section means rules of
court made under section 3 of the Prize Court Act, 1894. 57 & 58 Vict.

c. 39.

1 . (1) Subject to the provisions of this Act, and to c iva proceedings
in the Court of

sections 7 and 8 of the Summary Jurisdiction Act, which
limit the jurisdiction of the Court of Summary Jurisdiction Jurisdiction and

Magistrate's
in relation to the subject matter of the proceedings to be court.
brought and the amount sought to be recovered in the
proceedings and to any law limiting the jurisdiction of a
Magistrate's Court (whether by reference to the subject Cap. 420.
matter of the proceedings to be brought or the amount sought
to be recovered in the proceedings or otherwise) any civil
proceedings by or against the Crown may be instituted in
a Court of Summary Jurisdiction or in a Magistrate's Court.

(2) Any proceedings by or against the Crown in a Court
of Summary Jurisdiction shall be instituted and proceeded
with in accordance with rules of court of the Court of
Summary Jurisdiction and not otherwise.

(3) Any proceedings by or against the Crown in a
Magistrate's Court shall be instituted and proceeded with
in accordance with Magistrates' Court Rules and not
otherwise.

12. The Crown may obtain relief by way of inter- Inferpleader.
pleader proceedings, and may be made a party to such
proceedings, in the same manner in which a subject may
obtain relief by way of such proceedings notwithstanding that

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Parties to
proceedings.

Service of
documents.

Removal and
transfer of
proceedings.

CAP. 121) Crown Proceedings

the application for relief is made by a Provost-Marshal or
Bailiff, and all rules of court and Magistrates' Court Rules
relating to interpleader proceedings shall, subject to such
modifications as may be prescribed, have effect accordingly.

13. (1) Civil proceedings by the Crown may be
instituted by the Attorney-General:

Provided that where in any Act passed before the coming
into operation of this Act it is therein provided that any debt
due to the Crown shall be sued for and recovered by a
particular officer of the Crown, civil proceedings by the
Crown for the recovery of such debt may be instituted by
that officer.

(2) Civil proceedings against the Crown shall be
instituted against the Attorney-General.

(3) No proceedings instituted in accordance with this
Part by an officer of the Crown or in the name of or against
the Attorney-General shall abate or be affected by any change
in the person holding that office or holding the office of
Attorney-General.

14. All documents required to be served on the Crown
for the purpose of or in connection with any civil proceedings
by or against the Crown shall, where the proceedings by
or against the Crown are brought in the name of an officer
of the Crown other than the Attorney-General, be served
on that officer or on the Attorney-General.

15. If in a case where proceedings are instituted
against the Crown in a Magistrate's Court an application
in that behalf is made by the Crown to a Magistrate's Court,
and there is produced to the said court a certificate of the
Attorney-General to the effect that the proceedings may
involve an important question of law, or may be decisive
of other cases arising out of the same matter, or are for other
reasons more fit to be tried in the Supreme Court, the
proceedings shall be removed into the Supreme Court.

(2) Where any proceedings have been removed into the
Supreme Court on the production of such a certificate as

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Crown Proceedings (CAP. 121 15

aforesaid, and it appears to the court by whom the pro-
ceedings are tried that the removal has occasioned additional
expense to the person by whom the proceedings are brought,
the court may take account of the additional expense so
occasioned in exercising its powers in regard to the award
of costs.

(3) Without prejudice to the rights of the Crown under
the preceding provisions of this section, the provisions of
section 11 of the Summary Jurisdiction Act relating to the Cap. 420.
transfer of any suit instituted in the Court of Summary
Jurisdiction from the said Court to the Supreme Court shall
apply in relation to proceedings against the Crown.

16. (1) In any civil proceedings by or against the Nature of relief.
Crown the court shall, subject as hereinafter provided, have
power to make all such orders as it has power to make in
proceedings between subjects, and otherwise to give such
appropriate relief as the case may require:

Provided that-

(a) where in any proceedings against the Crown
any such relief is sought as might in proceedings bet-
ween subjects be granted by way of injunction or specific
performance, the court shall not grant an injunction or
make an order for specific performance, but may in lieu
thereof make an order declaratory of the rights of the
parties; and

( b ) in any proceedings against the Crown for the
recovery of land or other property the court shall not
make an order for the recovery of the land or the delivery
of the property, but may in lieu thereof make an order
declaring that the plaintiff is entitled as against the
Crown to the land or property or to the possession
thereof.

(2) The court shall not in any civil proceedings grant
any injunction or make any order against an officer of the
Crown if the effect of granting the injunction or making the
order would be to give any relief against the Crown which
could not have been obtained in proceedings against the
Crown.

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16 CAP. 121) Crown Proceedings

Costs in civil
roceedings to

17. In any civil proceedings by or against the Crown,
$hi& the crown the costs of and incidental to the proceedings shall be awarded -
is a party. in the same manner and on the same principles as in cases

between subjects, and the court shall have power to make
an order for the payment of costs by or to the Crown
accordingly.

Appeals and stay
of execution.

18. All enactments, rules of court and Magistrates'
Courts Rules relating to appeals and stay of execution shall,
with such modifications as may be prescribed, apply to civil
proceedings by or against the Crown as they apply to pro-
ceedings between subjects.

scope of Part II. 19. (1) Subject to the provisions of this section, any
reference in this Part to civil proceedings by the Crown shall
be construed as a reference to the following proceedings
only-

(a) proceedings for the enforcement or vindication
of any right or the obtaining of any relief which, if this
Act had not been passed and the Crown Suits Act had
not been repealed, might have been enforced or
vindicated or obtained by any such proceedings as are
mentioned in paragraph 1 of the Schedule, or by an
action at the suit of the Attorney-General under the
Crown Suits Act or by a particular officer of the Crown
under any law;

( b ) all such proceedings as the Crown is entitled
to bring by virtue of this or any other Act, or any law,

and the expression "civil proceedings by or against the
Crown" shall be construed accordingly.

(2) Subject to the provisions of this section, any
reference in this Part to civil proceedings against the Crown
shall be construed as a reference to the following proceedings
only-

(a) proceedings for the enforcement or vindication
of any right or the obtaining of any relief which, if this
Act had not been passed and the Crown Suits Act had
not been repealed, might have been enfcrced or
vindicated or obtained by the proceedings mentioned
in paragraph 2 of the Schedule or by an action against
the Attorney-General under the Crown Suits Act;

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Crown Proceedinfs (CAP. 121 17

( b ) all such proceedings as any person is entitled
to bring against the Crown by virtue of this or any other
Act, or any law,

and the expression "civil proceedings by or against the
Crown7' shall be construed accordingly.

(3) Notwithstanding anything in the preceding provi-
sions of this section, the provisions of this Part shall not have
effect with respect to any proceedings brought by the
Attorney-General on the relation of some other person or
to proceedings in connection with any charitable trusts.

PART I11

20. (1) Section 7 of the Judgments Act (which pro- ~ ~ ; ~ s " , " n ~ b t s 7
vides that a judgment debt shall carry interest) shall apply
to judgment debts due from or to the Crown. Cap. 227.

(2) Where any costs are awarded to or against the Crown
interest shall be payable upon those costs unless the court
otherwise orders, and any interest so payable shall be at the
same rate as that at which interest is payable upon judg-
ment debts due from or to the Crown.

(3) This section shall apply both in relation to proceedings
pending at the commencement of this Act and in relation
to proceedings instituted thereafter.

2 1. (1) Where in any civil proceedings by or against Satisfaction of orders against
the Crown. or in connection with anv arbitration to which the crown. ~- -
the Crown is a party, any order (including an order for costs)
is made by any court in favour of any person against the
Crown, the proper officer of the court shall, on application
in that behalf made by or on behalf of that person at any
time after the expiration of twenty-one days from the date
of the order or, in case the order provides for the payment
of costs and the costs require to be taxed, at any time after
the costs have been taxed, whichever is the later, issue to
that person a certificate in the prescribed form containing
particulars of the order:

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C A P . 121) Crown Proceedinzs

Provided that, if the court so directs, a separate
certificate shall be issued with respect to the costs (if any)
ordered to be paid to the applicant.

(2) A copy of any certificate issued under this section
may be served by the person in whose favour the order is
made upon the particular officer of the Crown concerned,
or the Attorney-General as the case may be.

(3) If the order provides for the payment of any money
by way of damages or otherwise, or of any costs, the certificate
shall state the amount so payable, and it shall be lawful for
the Governor-General by warrant under his hand to direct
the amount appearing by the certificate to be due, to be paid
to the person entitled thereto or to his solicitor, together with
the interest, if any, lawfully due thereon:

Provided that the court by which any such order as
aforesaid is made or any court to which an appeal against
the order lies may direct that, pending an appeal or other-
wise, payment of the whole of any amount so payable, or
any part thereof, shall be suspended, and if the certificate
has not been issued may order any such directions to be
inserted therein.

(4) Save as aforesaid and subject to rules of court no
execution or attachment or process in the nature thereof shall
be issued out of any court for enforcing payment by the
Crown of any such amount or costs as aforesaid, and the
Attorney-General or other officer of the Crown as the party
in whose name civil proceedings by or against the Crown
have been instituted shall not be personally liable under any
order for the payment by the Crown, or the Attorney-General
or other officer of the Crown as such, of any such money
or costs.

(5) This section shall apply both in relation to
proceedings pending at the commencement of this Act hnd
in relation to proceedings instituted thereafter.

Execution by the 22. (1) Subject to the provisions of this Act, any order
Crown.

made in favour of the Crown against any person in any civil
proceedings to which the Crown is a party may be enforced
in the same manner as an order made in an action between
subjects, and not otherwise.

LAWS OF ANTIGUA AND BARBUDA

Crown Proceedings (CAP. 121 19

(2) Sections 3 and 4 of the Debtors Act (which provide Cap-
respectively for the abolition of imprisonment for debt, and
for saving the power of committal in case of judgment debts)
shall apply to sums of money payable and debts due to the
Crown.

(3) Nothing in this section shall affect any procedure
which immediately before the commencement of this Act was
available for enforcing an order made in favour of the Crown
in proceedings brought by the Crown for the recovery of
any fine or penalty, or the forfeiture or condemnation of
any goods, or the forfeiture of any ship or any share in a ship.

23. (1) Where any money is payable by the Crown g:&!;;;:ile
to some person who, under any order of any court, is liable by the Crown,
to pay any money to any other person, and that other per-
son would, if the money so payable by the Crown were money
payable by a subject, be entitled under rules of court to obtain
an order for the attachment thereof as a debt due or adcru-
ing due, or an order for the appointment of a sequestrator
or receiver to receive the money on his behalf, the Supreme
Court may, subject to the provisions of this Act and in
accordance with rules of court, make an order restraining
the first-mentioned person from receiving that money and
directing payment thereof to that other person, or to the
sequestrator or receiver:

Provided that no such order shall be made in respect of-

(a) any wages or salary payable to any officer of
the Crown as such;

( b ) any money which is subject to the provisions
of any enactment prohibiting or restricting assignment
or charging or taking in execution; or

(c) any money payable by the Crown to any person
on account of a deposit in the Government Savings
Bank.

(2) The provisions of the preceding subsection shall,
so far as they relate to forms of relief falling within the
jurisdiction of a Magistrate's Court, have effect in relation
to Magistrates' Courts as they have effect in relation to the
Supreme Court but with the substitution of a reference to

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 121) Crown Proceedinp

Magistrates' Courts Rules for any reference in the said
subsection to rules of court.

PART IV

Discovery. 24. (1) Subject to and in accordance with rules of
court-

(a) in any civil proceedings in the Supreme Court
or the Court of Summary Jurisdiction to which the
Crown is a party, the Crown may be required by the
court to make discovery of documents and produce
documents for inspection; and

(6) in any such proceedings as aforesaid, the Crown
may be required by the court to answer interrogatories:
Provided that this section shall be without prejudice to

any rule of law which authorises or requires the withholding
of any document or the refusal to answer any question on
the ground that the disclosure of the document or the answer-
ing of the question would be injurious to the public interest.

Any order of the court made under the powers confer-
red by paragraph (6) shall direct by what officer of the Crown
the interrogatories are to be answered.

(2) Without prejudice to the proviso to the preceding
subsection, any rules made for the purposes of this section
shall be such as to secure that the existence of a document
will not be disclosed if, in the opinion of the Governor-
General, it would be injurious to the public interest to disclose
the existence thereof.

Exclusion of
proceedings in

25. (1) Nothing in this Act shall authorise pro-
against the ceedings in rem in respect of any claim against the Crown,

CTOWII. or the arrest, detention or sale of any of Her Majesty's ships,
or aircraft, or of any cargo or other property belonging to
the Crown, or give to any person any lien on any such ship,
aircraft, cargo or other property.

(2) Where proceedings in rem have been instituted in the
Supreme Court, the Court of Summary Jurisdiction or in
a Magistrate's Court against any such ship, aircraft, cargo

LAWS OF ANTIGUA AND BARBUDA

Crown Proceedings (CAP. 121 2 1

or other property, the court may, if satisfied, either on an
application by the plaintiff for an order under this subsection
or an application by the Crown to set aside the proceedings,
that the proceedings were so instituted by the plaintiff in
the reasonable belief that the ship, aircraft, cargo or other
property did not belong to the Crown, order that the pro-
ceedings shall be treated as if they were in personam duly
instituted against the Crown in accordance with the provisions
of this Act, or duly instituted against any other person whom
the court regards as the proper person to be sued in the
circumstances, and that the proceedings shall continue
accordingly.

(3) Any such order may be made upon such terms, if
any, as the court thinks just; and where the court makes
any such order it may make such consequential orders as
the court thinks expedient.

26. Nothing in this Act shall prejudice the right of Limitation of
actions. the Crown to rely upon the law relating to the limitation

of time for bringing proceedings against public authorities.

27. This Act shall not prejudice the right of the Crown Application to
to take advantage of the provisions of any Act although not ~ ~ ~ t ~ ~ ~ ~ t ~ ~ o r , ,
named therein, and it is hereby declared that in any civil provisions.
proceedings against the Crown the provisions of any Act
which could, if the proceedings were between subjects, be
relied upon by the defendant as a defence to the proceedings,
whether in whole or in part, or otherwise, may, subject to
any express provision to the contrary, be so relied upon by
the Crown.

28. NO claim by or against the Crown, and no pro- No abatement on demise of Crown.
ceedings for the enforcement of any such claim, shall abate
or be affected by the demise of the Crown.

LAWS OF ANTIGUA AND BARBUDA

CAP. 121) Crown Proceedings

Rules of court. 29. (1) Any power to make rules of court or
Magistrates' Courts rules shall include power to make rules
for the purpose of giving effect to the provisions of this Act,
and any such rules may contain provisions to have effect
in relation to any proceedings by or against the Crown in
substitution for or by way of addition to any of the provi-
sions of the rules applying to proceedings between subjects.

( 2 ) Provisions shall be made by rules of court and
Magistrates' Courts rules with respect to the following
matters-

(a) for providing for service of process, or notice
thereof, in the case of proceedings by the Crown against
persons, whether British subjects or not, who are not
resident in Antigua and Barbuda;

( b ) for securing that where any civil proceedings
are brought against the Crown in accordance with the
provisions of this Act the plaintiff shall, before the Crown
is required to take any step in the proceedings, provide
the Crown with such information as the Crown may
reasonably require as to the circumstances in which it
is alleged that the liability of the Crown has arisen and
as to the departments and officers of the Crown
concerned;

(c) for providing that in the case of proceedings
against the Crown the plaintiff shall not enter judgment
against the Crown in default of appearance or pleading
without the leave of the court to be obtained on an
application of which notice has been given to the Crown;

(d) for excepting proceedings brought against the
Crown from the operation of any rule of court providing
for summary judgment without trial;

(e) for authorising the Crown to deliver inter-
rogatories without leave of a court in any proceedings
for the enforcement of which proceedings by way of
English information might have been taken if this Act
had not been passed, so, however, that the Crown shall
not be entitled to deliver any third or subsequent
interrogatories without the leave of the court;

V) for enabling evidence to be taken on commis-
sion in proceedings by or against the Crown;

LAWS OF ANTIGUA AND BARBUDA

Crown Proceedings (CAP. 121 23

@) for providing-

(i) that a person shall not be entitled to avail
himself of any set-off or counterclaim in any
proceedings by the Crown for the recovery of
taxes, duties or penalties, or to avail himself
in proceedings of any other nature by the
Crown of any set-off or counterclaim arising
out of a right or claim to repayment in respect
of any taxes, duties or penalties;

(ii) that a person shall not be entitled without the
leave of the court to avail himself of any set-
off or counterclaim in any proceedings by the
Crown if either the subject matter of the set-
off or counterclaim does not relate to a Govern-
ment department connected with the
proceedings or the proceedings are brought in
the name of the Attorney-General;

(iii) that the Crown when sued, and its alleged
liability has arisen through the acts of a govern-
ment department, shall not without the leave
of the court be entitled to avail itself of any
set-off or counterclaim if the subject matter
thereof does not relate to that department;

(iv) that the Crown when sued in the name of the
Attorney-General, shall not be entitled to avail
itself of any set-off or counterclaim without the
leave of the court.

30. Save as otherwise expressly provided, the provi- l';:2~$~~.
sions of this Act shall not affect proceedings instituted under
the Crown Suits Act before the commencement of this Act;
and for the purposes of this section such proceedings being
claims against the Government of Antigua and Barbuda and
of the same nature as claims which could have been prefer-
red against the Crown in England under the Petitions of
Right Act, 1860, shall be deemed to have been so instituted
if a statement of claim with respect to the matter in question
is filed with the Registrar of the Supreme Court before the
commencement of this Act.

LAWS OF ANTIGUA AND BARBUDA

2 4 CAP. 121) Crown Proceedings

Financial 3 1. (1) Any expenditure incurred by or on behalf of
provisions.

the Crown in right of Her Majesty's Government in Antigua
and Barbuda by reason of the passing of this Act shall be
defrayed out of moneys to be provided by Parliament.

( 2 ) Any sums payable to the Crown in right of Her
Majesty's Government in Antigua and Barbuda by reason
of the passing of this Act shall be paid into the Treasury
of Antigua and Barbuda to the credit of the general revenue.

Savings. 32. (1) Nothing in this Act shall apply to proceedings
by or against, or authorise proceedings in tort to be brought
against, Her Majesty in Her private capacity.

( 2 ) Except as therein otherwise expressly provided,
nothing in this Act shall-

(a) affect the law relating to prize salvage, or apply
to proceedings in causes or matters within the jurisdic-
tion of the Supreme Court as a prize court or to any
criminal proceedings; or

(b) authorise proceedings to be taken against the
Crown under or in accordance with this Act in respect
of any alleged liability of the Crown arising otherwise
than in respect of Her Majesty's Government in Antigua
and Barbuda; or affect proceedings against the Crown
in respect of any such alleged liability as aforesaid; or

(c) affect any proceedings by the Crown otherwise
than in right of Her Majesty's Government in Antigua
and Barbuda; or

(4 subject the Crown to any greater liabilities in
respect of the acts or omissions of any independent
contractor employed by the Crown than those to which
the Crown would be subject in respect of such acts or
omissions if it were a private person; or

(e) affect any rules of evidence or any presump-
tion relating to the extent to which the Crown is bound
by any Act; or

(f) affect any right of the Crown to demand a trial
at bar or to control or otherwise intervene in proceedings
affecting its rights, property or profits,

LAWS OF ANTIGUA AND BARBUDA

Crown Proceedings (CAP. 121

and without prejudice to the general effect of the foregoing
provisions, Part I11 shall not apply to the Crown except in
right of Her Majesty's Government in Antigua and Barbuda.

(3) A certificate of the Governor-General-

(a) to the effect that any alleged liability of the
Crown arises otherwise than in respect of Her Majesty's
Government in Antigua and Barbuda;

(6 ) to the effect that any proceedings by the Crown
are proceedings otherwise than in right of Her Majesty's
Government in Antigua and Barbuda,

shall, for the purposes of this Act, be conclusive as to the
matters so certified.

(4) Where any property vests in the Crown by virtue
of any rule of law which operates independently of the acts
or the intentions of the Crown, the Crown shall not by virtue
of this Act be subject to any liabilities in tort by reason only
of the property being so vested: but the provisions of this
subsection shall be without prejudice to the liabilities of the
Crown under this Act in respect of any period after the Crown
or any person acting for the Crown has in fact taken posses-
sion or control of any such property, or entered into
occupation thereof.

(5) This Act shall not operate to limit the discretion
of the court to grant relief by way of mandamus in cases
in which such relief might have been granted before the
commencement of this Act, notwithstanding that by reason
of the provisions of this Act some other and further remedy
is available.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 121) Crown Proceedings

SCHEDULE

1. (1) Latin informations and English informations

(2) Writs of capias ad respondendum, writs of subpoena ad
respondendum, and writs of appraisement.

(3) Writs of scire facias.

(4) Proceedings for the determination of any issue upon a
writ of extent or of diem clausit extremum.

2. Proceedings against Her Majesty by way of monstrans
de droit.
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