State Liability and Proceedings
STATE LIABILITY AND PROCEEDINGS ACT
CHAPTER 8:02
LAWS OF TRINIDAD AND TOBAGO
Act
17 of 1966
Amended by
8 of 1976
22 of 1977
*21 of 1981
*24 of 1981
6 of 1998
*See Note on Amendments at page 2
L.R.O.
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–33 ..
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Note on Subsidiary Legislation
See LN 51/1967 for Rules applicable to this Act.
Note on Amendments
(sections 25 and 40)
(a) Section 25 of the Act is amended by Act No. 24 of 1981.
(b) Section 40 of the Act is amended by Acts Nos. 21 of 1981 and 24 of 1981.
However, Act No. 21 of 1981 and Act No. 24 of 1981 had not up to the date of the last revision
of this Act been brought into operation.
Note on sections 8, 10 and 11
See section 413 of the Shipping Act (Ch. 50:10) for the application of sections 8, 10 and 11
of this Act, (i.e. the State Liability and Proceedings Act).
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CHAPTER 8:02
STATE LIABILITY AND PROCEEDINGS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
PART I
SUBSTANTIVE LAW
3. Right to sue the State.
4. Liability of the State in tort.
5. Liability of State under other written laws.
6. Provisions as to industrial property.
7. Application of law as to indemnity, contribution, joint and several
tortfeasors and contributory negligence.
8. Liability in respect of State ships.
9. Application to ships of the State of Rules as to division of loss, etc.
10. Liability in respect of State’s docks, harbours, etc.
11. Salvage claims against the State and State’s rights to salvage.
12. Liability in connection with postal packets.
13. Provisions relating to the armed forces.
14. Saving in respect of Act under prerogative and statutory powers.
PART II
JURISDICTION AND PROCEDURE
THE HIGH COURT OF JUSTICE
15. Civil proceedings in the High Court.
16. Summary applications to High Court in certain revenue matters.
PETTY CIVIL COURTS
17. Civil proceedings in the Petty Civil Court.
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ARRANGEMENT OF SECTIONS—Continued
SECTION
GENERAL
18. Interpleader.
19. Method of making the State party to proceedings.
20. Service of documents and time for filing defence by State.
21. Removal and transfer of proceedings.
22. Nature of relief.
23. Appeal and stay of execution.
24. Costs in civil proceedings to which the State is a party.
25. Scope of Part II.
PART III
JUDGMENTS AND EXECUTIONS
26. Interest on debts and costs.
27. Satisfaction of orders against the State.
28. Execution by the State.
29. Attachment of moneys payable by the State.
PART IV
MISCELLANEOUS AND SUPPLEMENTAL
MISCELLANEOUS
30. Discovery.
31. Exclusion of proceedings in rem against the State.
32. Limitation of actions.
33. Applications to the State of certain statutory provisions.
34. Abatement on demise of State.
35. Abolition of certain writs.
SUPPLEMENTAL
36. Rules of Court and Petty Civil Court Rules.
37. Pending proceedings.
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38. Damages for negligence recoverable from officers.
39. Liability of officers who have ceased to hold office in the
Public Service.
40. Savings.
SCHEDULE.
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CHAPTER 8:02
STATE LIABILITY AND PROCEEDINGS ACT
An Act to amend the law relating to the civil liabilities and
rights of the State and to civil proceedings by and
against the State, to amend the law relating to the civil
liabilities of persons other than the State in certain cases
involving the affairs or property of the State, and for
purposes connected with the matters aforesaid.
[28TH SEPTEMBER 1968]
1. This Act may be cited as the State Liability and
Proceedings Act.
2. (1) Any reference in this Act to the provisions of this Act
shall, unless the context otherwise requires, include a reference to
Rules of Court or Petty Civil Court Rules made for the purposes
of this Act.
(2) In this Act—
“agent”, in relation to the State, includes an independent contractor
employed by the State but does not include a statutory
corporation except where the State has entered into an
express contract of agency with the corporation;
“civil proceedings” includes proceedings in the High Court of
Justice or a Petty Civil Court for the recovery of fines or
penalties, but does not include proceedings analogous to
proceedings on the Crown side of the Queen’s Bench
Division in England;
“State ship” means a ship that is owned by or is in the exclusive
possession of the State;
“Minister” means the Minister to whom responsibility for defence
has been assigned;
“Order” includes a judgment, decree, rule, award or declaration;
“proceedings against the State” includes a claim by way of set-off
or counterclaim raised in proceedings by the State;
17 of 1966.
Commencement.
165/1968.
Short title.
[8 of 1976].
Interpretation.
[8 of 1976].
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“servant”, in relation to the State, includes an officer who is a
member of the public service and any servant of the State,
and accordingly (but without prejudice to the generality of
the foregoing) includes—
(a) a Minister of the State;
(b) a member of the armed forces of the State;
(c) a member of the Trinidad and Tobago
Police Service,
but does not include—
(d) the President;
(e) any Judge, Magistrate, Justice of the Peace or
other judicial officer;
(f) any officer, employee or servant of a
statutory corporation;
“ship” includes every description of vessel used in navigation
not propelled by oars;
“the State” means the Republic of Trinidad and Tobago;
“statutory duty” means any duty imposed by or under any
written law.
(3) Any reference in Parts III or IV to civil proceedings
by or against the State, or to civil proceedings to which the
State is a party, shall be construed as including a reference to
civil proceedings to which the Attorney General is a party; but
the State shall not for the purposes of Parts III 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 State shall be construed as including a reference to the
following forces:
(a) the Trinidad and Tobago Defence Force;
(b) any other organisations for the time being
constituted for the purpose of defence.
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Right to sue the
State.
[8 of 1976].
Liability of the
State in tort.
[8 of 1976].
PART I
SUBSTANTIVE LAW
3. Where any person has a claim against the State after the
commencement of this Act, and, if this Act had not been passed,
the claim might have been enforced, subject to the grant of the fiat
of the President, by petition of right, or might have been enforced
by a proceeding provided by a statutory provision repealed by this
Act, then, subject to this Act, the claim may be enforced as of
right, and without the fiat of the President, by proceedings taken
against the State for that purpose in accordance with this Act.
4. (1) Subject to this Act, the State 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;
(b) 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;
(c) in respect of any breach of the duties attaching at
common law to the ownership, occupation,
possession or control of property.
(2) No proceedings shall lie against the State by virtue of
subsection (1)(a) in respect of any act or omission of a servant or
agent of the State unless the act or omission would apart from this
Act have given rise to a cause of action in tort against that servant
or agent or his estate.
(3) Where the State is bound by a statutory duty which is
binding also upon persons other than the State and its officers,
then, subject to this Act, the State 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.
(4) Where any functions are conferred or imposed upon
an officer of the State as such either by any rule of the common
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law or by statute, and that officer commits a tort while performing
or purporting to perform those functions, the liabilities of the State
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 lawfully given by the State.
(5) Any written law which negatives or limits the amount
of the liability of any Government department or officer of the
State in respect of any tort committed by that department or officer
shall, in the case of proceedings against the State under this section
in respect of a tort committed by that department or officer, apply
in relation to the State as it would have applied in relation to that
department or officer if the proceedings against the State had been
proceedings against that department or officer.
(6) No proceedings shall lie against the State 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.
5. Except as expressly provided by this Act or any other
written law, this Act shall not be construed so as to make any written
law binding upon the State which would not otherwise be so binding
or so as to impose any liability by virtue of any written law which
is not binding on the State.
6. (1) Where after the commencement of this Act any servant
or agent of the State infringes a patent, or infringes a registered
trade mark, or infringes any copyright (including any copyright in
a design) subsisting under the Patents and Designs Act and the
Trade Marks Act, and the infringement is committed with the
authority of the State, then, subject to this Act, civil proceedings
in respect of the infringement shall lie against the State.
(2) Nothing in subsection (1) or in any other provision
of this Act shall affect the rights of any Government department
under section 12 of the Patents and Designs Act.
Liability of
State
under other
written laws.
[8 of 1976].
Provisions as to
industrial
property.
[8 of 1976].
Ch. 82:83.
Ch. 82:81.
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Application of
law as to
indemnity,
contribution,
joint and several
tortfeasors and
contributory
negligence.
[8 of 1976].
Ch. 4:01.
Liability in
respect of State
ships.
[8 of 1976].
11 & 12 Geo. 6
c. 44.
(3) Save as expressly provided by this section, no
proceedings shall lie against the State 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
subsection (1).
7. (1) Where the State is subject to any liability by virtue
of this Part, the law relating to indemnity and contribution
shall be enforceable by or against the State in respect of the
liability to which it is so subject as if the State were a private
person of full age and capacity.
(2) Without prejudice to the effect of section 26(1) of
the Supreme Court of Judicature Act (which relates to
proceedings against, and contribution between, joint and several
tortfeasors) binds the State.
(3) Without prejudice to the general effect of section 3
of this Act, section 28 of the Supreme Court of Judicature Act
(which relates to contributory negligence) binds the State.
*8. (1) The Merchant Shipping Acts 1894 to 1948 of the
United Kingdom which limit the amount of the liability of the
owners of ships shall, with any necessary modifications, apply
for the purpose of limiting the liability of the State in respect of
State ships; and any provision of the said Acts, which relates to
or is ancillary to or consequential on the provisions so applied
shall have effect accordingly.
(2) Any reference in this section to the Merchant
Shipping Acts 1894 to 1948 of the United Kingdom, which
limit the amount of the liability of owners of ships shall be
construed as including a reference to any provision of those
Acts which negatives the liability of the owner of a ship and
accordingly any reference in this section to limiting the liability
of any person shall be construed as including a reference to
negativing his liability.
*See Note on page 2.
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Application to
ships of the
State of Rules as
to division of
loss, etc.
[8 of 1976].
1 & 2 Geo. 5
c. 57.
Liability in
respect of
State’s docks,
harbours, etc.
[8 of 1976].
11 & 12 Geo. 6
c. 44.
63 & 64 Vict.
c. 32.
Salvage claims
against the State
and State’s
rights to
salvage.
[8 of 1976].
Ch. 18 No. 5
(1950 Ed.).
Liability in
connection with
postal packets.
[8 of 1976].
9. The provisions of sections 1, 2 and 3 of the Maritime
Conventions Act 1911 of the United Kingdom (which relate to the
apportionment of damage or loss caused by vessels) shall apply
in the case of vessels belonging to the State as they apply in the
case of other vessels.
*10. (1) It is hereby declared that the Merchant Shipping Acts
1894 to 1948 of the United Kingdom which limit the amount of
the liability of the owners of docks and of harbour authorities,
apply for the purpose of limiting the liability of the State in its
capacity as the owner of any dock, or in its capacity as a harbour
authority, and that all the relevant provisions of the said Acts have
effect in relation to the State accordingly.
(2) In this section, the expressions “dock”, “harbour”,
“owner” and “harbour authority” have respectively the same
meanings as they have for the purposes of section 2 of the Merchant
Shipping (Liability of Shipowners and Others) Act 1900 of the
United Kingdom.
*11. (1) Subject to this Act, the law relating to civil salvage,
whether of life or property, except sections 77, 82, 83 and 84 of
the Merchant Shipping Ordinance, or any corresponding provisions
relating to aircraft, shall apply in relation to salvage services
rendered after the commencement of this Act in assisting any State
ships or aircraft, or in saving life therefrom, or in saving any cargo
or apparel belonging to the State, in the same manner as if the
ship, aircraft, cargo or apparel belonged to a private person.
(2) Where after the commencement of this Act salvage
services are rendered by or on behalf of the State, the State shall
be entitled to claim salvage in respect of those services to the same
extent as any other salvor, and shall have the same rights and
remedies in respect of those services as any other salvor.
12. (1) Subject to this section no proceedings in tort shall lie
against the State for anything done or omitted to be done in relation
to a postal packet by any person while employed as a servant or
*See Note on page 2.
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Ch. 47:01.
Sub. Leg.
Ch. 47:01.
agent of the State, nor shall any officer of the State be subject
except at the suit of the State, to any civil liability for any of the
matters aforesaid.
(2) Notwithstanding section 20 of the Post Office Act,
proceedings shall lie against the State 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 committed by a person employed as a servant or
agent of the State while performing or purporting to perform his
functions as such in relation to the receipt, carriage, delivery or
other dealing with the packet except that—
(a) no proceedings shall lie under this subsection in
respect of any postal packet registered before the
commencement of this Act;
(b) 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 any such proceedings
shall not in any event exceed the maximum
amount which, under the Post Office Regulations,
is available for compensating the persons
aggrieved having regard to the fee paid in respect
of the registration of the packet; and
(d) the State shall not be liable under this subsection
in respect of any packet unless such conditions
as are prescribed by Post Office Regulations in
relation to registered inland postal packets have
been complied with in relation to that packet.
(3) For the purposes of any proceedings under
subsection (2), it shall be presumed, until the contrary is shown,
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 State while performing or
purporting to perform his functions as such in relation to the
receipt, carriage, delivery or other dealing with the packet.
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(4) Subject to subsection (5), no relief is 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 subsection (2)
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 made in relation to the packet under subsection (2).
(5) Where the Court is satisfied, upon an application by
any person who is not the sender or addressee of the packet, that
the sender and the addressee are unable or unwilling to enforce
their remedies in respect of the packet under subsection (2), 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 subsection in the name of the sender or the
addressee of the packet.
(6) Any reference in subsections (4) and (5) to the sender
or addressee of the packet includes a reference to his personal
representatives.
(7) Where by virtue of subsection (5) 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.
(8) Post Office Regulations may be made for prescribing
the conditions to be observed for the purposes of this section in
relation to registered inland postal packets.
(9) No claim for salvage shall lie against the State by
virtue of section 10 in respect of anything done to, or suffered in
relation to, any postal packets while they are being carried by sea
or by air.
(10) In this section—
“inland postal packet” means a postal packet which is posted in
Trinidad and Tobago for delivery at any place in Trinidad
and Tobago to the person to whom it is addressed;
“postal packet” means a letter, postcard, reply postcard,
newspaper, printed packet, sample packet, or parcel, and
every packet or article transmissible by post;
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Ch. 47:01.
Provisions
relating to the
armed forces.
[8 of 1976].
“Post Office Regulations” means such Regulations as have been
or may be made under the Post Office Act;
“sender” means the person on whose behalf a postal packet is
posted but does not include a person at whose request any
article contained in a postal packet is sent by the first
mentioned person by post.
13. (1) Nothing done or omitted to be done by a member of
the armed forces of the State while on duty as such shall subject
either that member or the State to liability in tort for causing the
death or personal injury to another member of the said forces, in
so far as the death or personal injury is due to anything suffered
by that other member while he is a member of such forces if—
(a) at the time when that thing is suffered by that
other member, he is either on duty as a member
of such forces 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 such
forces; and
(b) the Minister certifies that the suffering of that
thing by such other member has been or will be
treated as attributable to service for the purposes
of entitlement to a gratuity or pension under any
written law relating to the disablement or death
of members of the force of which he is a member.
(2) Subsection (1) does 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 connected with the
execution of his duties as a member of those forces.
(3) No proceedings in tort shall lie against the State for
death or personal injury due to anything suffered by a member of
the armed forces of the State if—
(a) that thing is suffered by him in consequence of
the nature or condition of any such land, premises,
ship, aircraft or vehicle as mentioned above or in
consequence of the nature or condition of any
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Saving in
respect of Act
under
prerogative and
statutory
powers.
[8 of 1976].
equipment or supplies used for the purposes of
those forces; and
(b) the Minister certifies as mentioned in
subsection (1),
nor shall any act or omission of an officer of the State 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 State being a thing as to which the conditions
mentioned above are satisfied.
(4) The Minister, 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 State; or
(b) 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 and at the request in writing of any injured person shall
issue a certificate certifying that to be the fact; and any such
certificate shall, for the purposes of this section, be prima facie
evidence of the fact which it certifies.
14. (1) Except as expressly provided by this Act or any
other written law, nothing in this Part shall extinguish or abridge
any powers or authorities which, if this Act had not been passed,
would have been exercisable by virtue of the prerogative of the
State, or any powers or authorities conferred on the State by any
written law and, in particular, nothing in this Part shall extinguish
or abridge any powers or authorities exercisable by the State,
whether in time of peace or of war, for the purpose of the defence
of the realm or of training, or maintaining the efficiency of, any of
the armed forces of the State.
(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 State, the Minister
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Civil
proceedings in
the High Court.
[8 of 1976].
Schedule.
57 & 58 Vict.
c. 39.
Summary
applications to
High Court in
certain revenue
matters.
[8 of 1976].
Ch. 76:01.
may, if satisfied that the act or omission was necessary for any
purpose mentioned in subsection (1), 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.
PART II
JURISDICTION AND PROCEDURE
THE HIGH COURT OF JUSTICE
15. (1) Subject to this Act, all civil proceedings by or against
the State as are mentioned in the Schedule are hereby abolished,
and all civil proceedings by or against the State in the High Court
of Justice (in this Act referred to as “the High Court”) shall be
instituted and proceeded with in accordance with Rules of Court
and not otherwise.
(2) In this section, “ Rules of Court” means, in relation to
any claim against the State which falls within the jurisdiction of
that Court as a Prize Court, rules made under the Prize Courts
Act 1894 of the United Kingdom.
16. (1) Subject to and in accordance with Rules of Court,
the State may apply in a summary manner to the High Court—
(a) for the furnishing of information required to be
furnished by any person under the written laws
relating to death duties;
(b) for the delivery of accounts and payment of
duty under the said written laws by persons
accountable for or chargeable with such duty
and by persons who have taken possession of
and administered the estates of deceased
persons without obtaining probate or letters
of administration;
(c) for the delivery of an account under section 23
of the Stamp Duty Act;
(d) for the payment of sums improperly withheld
or retained within the meaning of the said
section 23.
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Civil
proceedings in
the Petty Civil
Court.
[8 of 1976].
Interpleader.
[8 of 1976].
Method of
making the State
party to
proceedings.
[8 of 1976
6 of 1998].
(2) Subject to and in accordance with Rules of Court,
the State may apply in a summary manner to the High Court—
(a) for the payment of duty under the written laws
relating to excise duties;
(b) for the delivery of any accounts required to be
delivered, or the furnishing of any information
required to be furnished, by the written laws
relating to excise duties or by any Regulations
relating to such duties.
PETTY CIVIL COURTS
17. (1) Subject to this Act, and to any written law limiting
the jurisdiction of a Petty Civil Court (whether by reference to
the subject matter of the proceedings to be brought or the
amount sought to be recovered in the proceedings or otherwise)
any civil proceedings against the State may be instituted in a Petty
Civil Court.
(2) Any proceedings by or against the State in a Petty
Civil Court shall be instituted and proceeded with in accordance
with Petty Civil Court Rules and not otherwise.
GENERAL
18. The State may obtain relief by way of interpleader
proceedings, and may be made a party to the proceedings, in the
same manner in which a subject may obtain relief by way of the
proceedings or be made a party thereto and may be made a party
to the proceedings notwithstanding that the application for relief
is made by a marshal or bailiff or other like officer; and all Rules
of Court and Petty Civil Court Rules relating to interpleader
proceedings shall, subject to this Act, have effect accordingly.
19. (1) Subject to this Act and to any other written law,
proceedings by the State may be instituted by the Attorney General.
(2) Subject to this Act and to any other written law,
proceedings against the State shall be instituted against the
Attorney General.
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
18 Chap. 8:02 State Liability and Proceedings
Ch. 1:01.
Service of
documents and
time for filing
defence by
State.
[8 of 1976
22 of 1977].
(3) The State may be joined as a plaintiff in any
proceedings to which it could be a plaintiff under this Act by
joining the Attorney General as a plaintiff.
(4) The State may be joined as a defendant or third party
to any proceedings to which it could be a defendant under this
Act by joining the Attorney General as a defendant or third party.
(5) No proceedings instituted in accordance with this Act
to which the Attorney General is a party or third party shall abate
or be affected by any change in the person holding the office of
Attorney General.
(6) Where the Attorney General is a party or third party
to any proceedings in accordance with this section, any order of
the Court against or in favour of the State in those proceedings
shall be made against or in favour of the Attorney General.
(7) No proceedings whatsoever shall lie in and no process
whatsoever shall issue from any Court in Trinidad and Tobago
against the President in his official capacity.
(8) Proceedings against an authority established by the
Constitution or a member thereof arising out of or in connection
with the exercise of the powers of the authority or the performance
of its functions or duties are deemed to be proceedings against
the State.
(9) In this section, “authority” means a Service
Commission as defined in section 3(1) of the Constitution.
20. (1) In any civil proceedings instituted against the
Attorney General, or to which the Attorney General is joined as a
party or third party, as mentioned above, the first document required
to be served on him, and any other document required to be served
before an address for service has been given by him, shall be
served on the Attorney General by the delivery thereof to the
Solicitor General or such officer in the Department of the
Solicitor General as he may designate by Notice published in
the Gazette, or by leaving it at the office of the Solicitor General
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
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Removal and
transfer of
proceedings.
[8 of 1976].
or of that officer, or by sending it by post in a registered
letter addressed to the Solicitor General or to that other officer
at his office.
(2) In any civil proceedings against the State under this
Act the time to be allowed in any writ or summons for the filing
of a statement of defence or notice of intention to defend shall be
not less than twenty-eight days, or such further notice as the
Court may allow.
21. (1) If in a case where proceedings are instituted against
the State in a Petty Civil Court an application in that behalf is
made by the State to the High Court and there is produced to the
High 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, the
proceedings shall be removed into the High Court.
(2) Where under subsection (1) any proceedings have
been removed into the High Court on the production of a
certificate, and it appears to the Court by which the proceedings
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 State under
subsection (1), all rules of law and written laws relating to the
removal or transfer of proceedings from a Petty Civil Court to
the High Court, or the transfer of proceedings from the High Court
to a Petty Civil Court, shall apply in relation to proceedings
against the State, so that, however—
(a) an order for the transfer to a Petty Civil Court
of any proceedings against the State in the High
Court shall not be made without the consent of
the State; and
(b) the duty of a Court to make an order under this
section for the transfer to the High Court of
proceedings commenced against the State in a
Petty Civil Court shall not be conditional upon
the giving of security by the State.
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 8:02 State Liability and Proceedings
22. (1) In any civil proceedings by or against the State the
Court, subject to this Act, may make all such orders as it may
make in proceedings between subjects, and otherwise to give the
appropriate relief as the case may require.
(2) Where in any proceedings against the State any relief
is sought as might in proceedings between 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.
(3) In any proceedings against the State 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 State to the land or property or to the possession thereof.
(4) The Court shall not in any civil proceedings grant any
injunction or make any order against an officer of the State if the
effect of granting the injunction or making the order would be to
give any relief against the State which would not have been
obtained in proceedings against the State.
23. Subject to this Act, all written laws, Rules of Court
and Petty Civil Court Rules relating to appeals and stay of
execution shall, with any necessary modifications, apply to civil
proceedings by or against the State as they apply to proceedings
between subjects.
24. (1) In any civil proceedings or arbitration to which the
State is a party, the costs of and incidental to the proceedings
shall, subject to the Public Authorities Protection Act, be awarded
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 State accordingly.
(2) Any costs awarded to the State under subsection (1)
shall not be disallowed or reduced upon taxation merely because
the Attorney-at-law who earned the costs, or in respect of whose
services the costs are charged, was a salaried officer of the State
Nature of relief.
[8 of 1976].
Appeal and stay
of execution.
[8 of 1976].
Costs in civil
proceedings to
which the State
is a party.
[8 of 1976].
Ch. 8:03.
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LAWS OF TRINIDAD AND TOBAGO
State Liability and Proceedings Chap. 8:02 21
performing such services in the discharge of his duty and
remunerated therefor by his salary, or for that or any other reason
not entitled to recover any cost from the State in respect of the
services so rendered; but the costs recovered by or on behalf of the
State in any such case shall be paid into the Consolidated Fund.
25. (1) Subject to this section, any reference in this Part to
civil proceedings by the State 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, might have been
enforced or vindicated or obtained by any such
proceedings as are mentioned in paragraph 1 of
the Schedule;
(b) proceedings for the enforcement or vindication
of any right or the obtaining of any relief, which,
if this Act had not been passed, might have been
enforced or vindicated or obtained by the
Attorney General;
(c) all such proceedings as the State is entitled to
bring by virtue of this Act,
and the expression “civil proceedings by or against the State” shall
be construed accordingly.
(2) Subject to this section, any reference in this Part to
civil proceedings against the State 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, might have been
enforced or vindicated or obtained by any such
proceedings as are mentioned in paragraph 2 of
the Schedule;
(b) proceedings for the enforcement or vindication
of any right or the obtaining of any relief, which,
if this Act had not been passed, might have been
Scope of Part II.
[8 of 1976].
Schedule.
Schedule.
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LAWS OF TRINIDAD AND TOBAGO
22 Chap. 8:02 State Liability and Proceedings
enforced or vindicated or obtained by an action
against the Attorney General; and
(c) all such proceedings as any person is entitled to
bring against the State by virtue of this Act,
and the expression “civil proceedings by or against the State” shall
be construed accordingly.
(3) Notwithstanding anything in subsection (1) or
subsection (2), the provisions of this Part shall not have effect with
respect to any of the following proceedings:
(a) proceedings brought by the Attorney General on
the relation of some other person;
(b) proceedings by or against the Public Trustee;
(c) proceedings by or against the Registrar General
or any officers of his department in respect of
land held under the Real Property Act.
PART III
JUDGMENTS AND EXECUTIONS
26. (1) Section 13 of the Remedies of Creditors Act (which
inter alia provides that a judgment debt shall carry interest) shall
apply to judgment debts due from or to the State.
(2) Where any costs are awarded to or against the State
in the High Court, 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 judgment
debts due from or to the State.
(3) Section 25 of the Supreme Court of Judicature Act,
(which empowers Courts of record to award interest on debts and
damages) shall apply to judgments given in proceedings by and
against the State.
(4) This section shall apply both in relation to proceedings
pending at the commencement of this Act and in relation to
proceedings instituted thereafter.
Ch. 56:02.
Interest on debts
and costs.
[8 of 1976].
Ch. 8:09.
Ch. 4:01.
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State Liability and Proceedings Chap. 8:02 23
Satisfaction of
orders against
the State.
[8 of 1976].
27. (1) Where in any civil proceedings by or against the State
or in any proceedings analogous to proceedings on the Crown side
of the Queen’s Bench Division in England or in connection with
any arbitration to which the State is a party, any order (including
an order for costs) is made by any Court in favour of any person
against the State the proper officer of the Court shall, on an
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; but 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 person for the time being named in the record as the Attorney-
at-law, or as the person acting as Attorney-at-law, for the State.
(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 the Comptroller of Accounts
shall, subject as provided below, pay to the person entitled or
where he is represented by an Attorney-at-law to his Attorney-at-
law the amount appearing by the certificates to be due to him
together with the interest, if any, lawfully due thereon; but the
Court by which any such order as mentioned above is made or any
Court to which an appeal against the order lies may direct that,
pending an appeal or otherwise, 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) Except as provided in this section, no execution or
attachment or process in the nature thereof shall be issued out of
any Court for enforcing payment by the State of any such money
or costs as mentioned above, and no person shall be individually
liable under any order for the payment by the State of any such
money or costs.
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LAWS OF TRINIDAD AND TOBAGO
24 Chap. 8:02 State Liability and Proceedings
Execution by
the State.
[8 of 1976].
Ch. 8:07.
Attachment of
moneys payable
by the State.
[8 of 1976].
(5) This section shall apply both in relation to
proceedings pending at the commencement of this Act and in
relation to proceedings instituted thereafter.
28. (1) Subject to this Act, any order made in favour of the
State against any person in any civil proceedings to which the State
is a party may be enforced in the same manner as an order made
in an action between subjects, and not otherwise.
(2) Subsection (1) shall apply both in relation to
proceedings pending at the commencement of this Act and in
relation to proceedings instituted thereafter.
(3) Sections 3 and 5 of the Debtors Act (which provide
respectively for the abolition of imprisonment for debt, and for
saving the power of committal in case of small debts), shall apply
to sums of money payable and debts due to the State; but for the
purpose of the application of section 3 to any sum of money payable
or debt due to the State, the section shall have effect as if there
were included among the exceptions therein mentioned default in
payment of any sum payable in respect of death duties.
(4) Nothing in this section shall affect any procedure
which immediately before the commencement of this Act was
available for the enforcement of an order made in favour of the
State in proceedings brought by the State for the recovery of any
fine or penalty, or for the forfeiture or condemnation of any
goods, or the forfeiture of any ship or any share in a ship.
29. (1) Subject to subsection (2), where any money is
payable by the State to some person who, under any order of any
Court, is liable to pay any money to any other person, and that
other person would, if the money so payable by the State 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 accruing
due or an order for the appointment of a sequestrator or receiver to
receive the money on his behalf, the High Court may, subject to
this Act and in accordance with Rules of Court, make an order
restraining the first-mentioned person from receiving that money
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LAWS OF TRINIDAD AND TOBAGO
State Liability and Proceedings Chap. 8:02 25
Discovery.
[8 of 1976].
and directing payment thereof to that other person, or to the
sequestrator or receiver.
(2) No such order referred to in subsection (1) shall be
made in respect of—
(a) any wages or salary payable to any officer of the
State as such;
(b) any money which is subject to the provisions of
any written law prohibiting or restricting
assignment or charging or taking in execution.
(3) Subsections (1) and (2) shall, so far as they relate to
forms of relief falling within the jurisdiction of a Petty Civil Court
have effect in relation to Petty Civil Courts as they have effect in
relation to the High Court, but with the substitution of a reference
to Petty Civil Court Rules for any reference in subsection (1) to
Rules of Court.
PART IV
MISCELLANEOUS AND SUPPLEMENTAL
MISCELLANEOUS
30. (1) Subject to and in accordance with Rules of Court—
(a) in any civil proceedings in the High Court to
which the State is a party or third party the State
may be required by the Court to make discovery
of documents and produce documents for
inspection; and
(b) in any proceedings as mentioned above, the State
may be required by the Court to answer
interrogatories.
(2) Subsection (1) 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 answering of the question
would be injurious to the public interest.
(3) Any order of the Court made under the powers
conferred by subsection (1)(b) shall direct by what officer of the
State the interrogatories are to be answered.
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LAWS OF TRINIDAD AND TOBAGO
26 Chap. 8:02 State Liability and Proceedings
Exclusion of
proceedings in
rem against the
State.
[8 of 1976].
Limitation of
actions.
[8 of 1976].
(4) Without prejudice to subsection (2) any Rules made
for the purpose 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 Attorney General, it would be injurious to the public interest to
disclose the existence thereof.
31. (1) Nothing in this Act shall authorise proceedings in rem
in respect of any claim against the State, or the arrest, detention or
sale of any State ship or aircraft, or of any cargo or other property
belonging to the State, or give to any person any lien or any such
ship, aircraft, cargo or other property.
(2) Where proceedings in rem have been instituted in the
High Court or in a Petty Civil Court against any such ship, aircraft,
cargo 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 State 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 State, order that the proceedings shall be treated as if they
were in personam duly instituted against the State in accordance
with 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) An order under subsection (2) 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.
32. (1) Section 8 of the Maritime Conventions Act 1911 of
the United Kingdom (which relates to the limitation of actions in
respect of damage or loss caused to or by vessels and the limitation
of action in respect of salvage services) shall apply in the case of
State ships as it applies in the case of the other vessel; so, however,
that section 8, as applied by this section, shall have effect as if
the words from “and shall, if satisfied” to the end of the section
were omitted therefrom.
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LAWS OF TRINIDAD AND TOBAGO
State Liability and Proceedings Chap. 8:02 27
Applications to
the State of
certain statutory
provisions.
[8 of 1976].
Ch. 8:08.
Abatement on
demise of State.
[8 of 1976].
Abolition of
certain writs.
Rules of Court
and Petty Civil
Court Rules.
[8 of 1976].
(2) In this section the expression “ship” includes any boat
or other description of vessel used in navigation, and the expression
“State ships” shall be construed accordingly.
33. (1) This Act shall not prejudice the right of the State to
take advantage of the provisions of a written law although not
named therein; and it is hereby declared that in any civil
proceedings against the State, the provisions of any written law
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 State.
(2) Section 2 of the Absconding Debtors Act (which
empowers the Court in certain circumstances to order the arrest of
a defendant about to quit Trinidad and Tobago) shall, with any
necessary modifications, apply to civil proceedings in the High
Court by the State.
34. No claim by or against the State and no proceedings for
the enforcement of any such claim, shall abate or be affected by
the demise of the State.
35. No writ of extent or of diem clausit extremum shall issue
after the commencement of this Act.
SUPPLEMENTAL
*36. (1) Any power to make Rules of Court or Petty Civil Court
Rules shall include power to make Rules for the purpose of giving
effect to this Act, and any such Rules may contain provisions to
have effect in relation to any proceedings by or against the State in
substitution for or by way of addition to any of the provisions of
the Rules, applying to proceedings between subjects.
(2) Provision shall be made by Rules of Court and Petty
Civil Court Rules with respect to the following matters:
(a) for providing for service outside Trinidad and
Tobago of process or notice thereof, in the case
*See LN 51/1967.
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LAWS OF TRINIDAD AND TOBAGO
28 Chap. 8:02 State Liability and Proceedings
of proceedings by the State against persons,
whether commonwealth citizens or not;
(b) for securing that where any civil proceedings
are brought against the State in accordance
with this Act the plaintiff shall, before the State
is required to take any step in the proceedings,
provide the State with such information as the
State may reasonably require as to the
circumstances in which it is alleged that the
liability of the State has arisen and as to the
Government departments and officers of the
State concerned;
(c) for providing that in the case of proceedings
against the State, the plaintiff shall not enter
judgment against the State 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 State;
(d) for excepting proceedings brought against the
State from the operation of any Rule of Court
providing for summary judgment without trial,
and for enabling any such proceedings to be put
in proper cases into any special list which may
be kept for the trial of short causes in which leave
to defend is given under any such Rule of Court
as mentioned above;
(e) for enabling evidence to be taken on
commission in proceedings by or against
the State;
(f) for providing—
(i) that a person shall not be entitled to avail
himself of any set-off or counterclaim in
any proceedings by the State for the
recovery of taxes, duties or penalties, or
to avail himself in proceedings of any
other nature by the State of any set-off or
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Pending
proceedings.
[8 of 1976].
Damages for
negligence
recoverable
from officers.
[8 of 1976].
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 State;
(iii) that the State shall not be entitled to avail
itself of any set-off or counterclaim without
the leave of the Court.
(3) Provision may be made by Rules of Court for
regulating any appeals to the Court of Appeal whether by way of
case stated, or otherwise, under written law relating to the revenue,
and any Rules made under this subsection may revoke any written
laws or Rules in force immediately before the commencement of
this Act so far as they regulate any such appeals, and may make
provision for any matters for which provision was made by any
written law or Rules so in force.
37. Save as otherwise expressly provided, this Act shall not
affect proceedings by or against the State which have been instituted
before the commencement of this Act.
38. (1) Where in any proceedings under this Act the State is
held to be liable in negligence, and damages have been awarded
by a Court against the State, the Attorney General may refer the
findings of the Court to the appropriate Service Commission, and
on the reference such Commission shall, unless the officer has
ceased to hold office in the public service, determine what
disciplinary action, if any, should be taken against the officer
responsible for the injury, loss or damage which gave rise to the
cause of action, including the repayment of such damages to the
State in whole or in part by the officer.
(2) Where in pursuance of subsection (1) the appropriate
Service Commission determines that the whole or a part of the
damages awarded as mentioned above shall be repaid to the State
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by an officer described in the said subsection, such amount
shall, if the officer continues to hold an office in the public
service subsequent to the determination, be repaid to the State in
such manner as that Service Commission may direct; but if the
officer thereafter ceases to be a member of the public service, any
amount remaining outstanding and unpaid on the date on which
he ceases to be such a member shall with effect from that date be
deemed to be a debt due to the State and shall, without prejudice
to any other method of recovery, be enforceable summarily as a
civil debt without limit as to the amount thereof.
39. (1) Where an officer responsible for the injury, loss or
damage which gave rise to a cause of action against the State under
this Act ceases for any cause to be a member of the public service
before the date on which a determination has been made under
section 38, he shall, subject to subsection (2) be liable to repay the
State in whole or in part, as the case may require, such damages
as may have been awarded by a Court against the State.
(2) The appropriate Service Commission is hereby
authorised, on a reference by the Attorney General of the findings
of the Court, to determine, subject to subsection (3), what portion,
if any, of the damages awarded by the Court shall be repaid by an
officer referred to in subsection (1), and any portion so determined
shall be a debt due to the State and shall, without prejudice to any
other method of recovery, be enforceable summarily by the State
as a civil debt without limit as to the amount thereof.
(3) In determining the portion of the damages to be repaid
by an officer referred to in subsection (1), the appropriate Service
Commission shall notify the officer in writing of the date and place
of the determination and shall permit him to be represented by an
Attorney-at-law or any other person who in the opinion of that
Commission is competent to assist such person in the presentation
of his case.
(4) On any determination under sections 38 and 39, an
officer referred to in those sections shall be entitled to have the
determination reviewed by the authority established for the review
Liability of
officers who
have ceased to
hold office in
the Public
Service.
[8 of 1976].
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of the findings of the appropriate Service Commission in
disciplinary cases, and the decision of the authority shall be final.
40. (1) 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
jurisdiction of the High Court as a Prize Court or
to any criminal proceedings;
(b) authorise proceedings to be taken against the
State under or in accordance with this Act in
respect of any alleged liability of the State arising
otherwise than in respect of the Government of
Trinidad and Tobago, or affect proceedings
against the State in respect of any such alleged
liability as mentioned above;
(c) affect any proceedings by the State otherwise
than in right of the Government of Trinidad
and Tobago;
(d) subject the State to any greater liabilities in respect
of the acts or omissions of any independent
contractor employed by the State than those to
which the State would be subject in respect of
such acts or omissions if it were a private person;
(e) subject the State in its capacity as a highway
authority, to any greater liability than that to which
a local authority is subject in that capacity;
(f) affect any Rules of evidence or any presumption
relating to the extent to which the State is bound
by any written law;
(g) affect any right of the State to control or otherwise
intervene in proceedings affecting its rights,
property or profits;
(h) affect any liability imposed on the Public
Trustee by the Public Trustee Ordinance, nor
on the Registrar General under the Real
Property Act;
Savings.
[8 of 1976].
Ch. 8 No. 4.
(1950 Ed.).
Ch. 56:02.
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32 Chap. 8:02 State Liability and Proceedings
(i) interfere with or affect any written law that now
or hereafter may be in force whereby the State,
or any of its officers or servants, is exempt from
liability for anything done under the written law
or affect any powers, authority or liability vested
in or conferred upon the State or any of its officers
or servants under any such written law.
(2) A certificate of the Attorney General—
(a) to the effect that any alleged liability of the State
arises otherwise than in respect of the Government
of Trinidad and Tobago;
(b) to the effect that any proceedings by the State are
proceedings otherwise than in right of the
Government of Trinidad and Tobago,
shall, for the purposes of this Act, be prima facie evidence of the
matter so certified.
(3) Where any property vests in the State by virtue of any
rule of law which operates independently of the acts or the
intentions of the State, the State shall not by virtue of this Act be
subject to any liabilities in tort by reason only of the property being
so vested; but this subsection shall be without prejudice to the
liabilities of the State under this Act in respect of any period after
the State or any person acting for the State has in fact taken
possession or control of any such property, or entered into
occupation thereof.
(4) This Act shall not operate to limit the discretion of
the Court to grant relief by way of mandamus in cases in which
the relief might have been granted before the commencement of
this Act, notwithstanding that by reason of this Act some other and
further remedy is available.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
L.R.O.
LAWS OF TRINIDAD AND TOBAGO
State Liability and Proceedings Chap. 8:02 33
SCHEDULE
PROCEEDINGS ABOLISHED BY THIS ACT
1. (1) Latin informations and English informations.
(2) Writ 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.
(5) Writs of Summons, Statements of Claim and other civil procedure
under the Crown Suits Ordinance.
2. Proceedings against the State by way of petition of right, including
proceedings by way of petition of right under section 52 of the Naval Prize
Act 1864 of the United Kingdom.
3. Proceedings against the State by way of monstrans de droit.
Sections 15(1),
25.
27 & 28 Vict.
c. 25.
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
