Essay answer 1

Introduction

Identify the issues raised by the question. Here you are asked to identify, state, and explain the principles of contractual and tortious liability which apply to the Crown.

Liability of the Crown in contract

You should review the general principles in:

• MacBeath v Haldimand (1786)

• Dunn v MacDonald [1897]

• Crown Proceedings Act 1947

You should go on to discuss:

• the principle in Churchward v R (1865); and

• the defence of executive necessity.

The relevant case law you should discuss is:

• Redriaktiebolaget Amphitrite v The King [1921] The principle forming the basis of this decision was affirmed and applied by the Court of Appeal in Board of Trade v Temperley Steam Shipping Co (1927) and again, by the Court of Appeal in Commissioners of Crown Lands v Page [1960].

Assumption of responsibility

• Robertson v Minister of Pensions [1949].

Liability of the Crown in tort

You should begin this part of your answer with consideration of s 2 Crown Proceedings Act 1947. The key case to discuss is Home Office v Dorset Yacht Club [1970].

Issues concerning armed forces

This has been a contentious issue for a long time. To begin with, you should focus on the Crown Proceedings (Armed Forces) Act 1987. You should then focus on the key debates on this issue which are found at the end of this chapter.

Essay answer 2

This question focuses on the rules and principles governing public interest immunity and freedom of information.

Public interest immunity

In this part of your answer you should present a detailed account of the principles stated and applied by the House of Lords in Conway v Rimmer [1968]. The following basic points should be covered:

• A court has no power to compel disclosure of Cabinet documents.

• Such documents may be disclosed, provided this does not adversely affect the public interest.

• In general, disclosure should be ordered when:

- harm will not be done to the nation or the public service by the disclosure of the documents; and

- the administration of justice will be frustrated if they are withheld.

You should then go on to consider the House of Lords' decision in Air Canada v Secretary of State No 2 [1983].

The key point you should make here is that when applying the Conway v Rimmer test of public interest immunity, it may be appropriate for the court to examine the documents in question to determine whether they truly support the claimant's case and that the public interest would not be prejudiced by disclosure.

Freedom of information

In this part of your answer you need to consider:

• Section 1 Freedom of Information Act 2000;

• Part II of the Act which contains wide ranging exemptions which limit the scope of this right; and

• Section 2.

It is important to assess the extent to which the freedom of information is qualified by the Act.