Home Information Cases St Martin’s Property Investments Ltd v Philips Electronics (UK) Ltd (1994)

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St Martin’s Property Investments Ltd v Philips Electronics (UK) Ltd (1994)

Summary

Third party proceedings against minister constitute "crown proceedings" and must be tried in London.

Facts

Appeal by the Secretary of State for the Environment against direction that trial of an action in which he had been joined by the defendant as a third party should take place in Newcastle.

Held

In RSC O.77 r.13 the meaning of the words "civil proceedings against the Crown" imported to them by r.1(2) by reference to the Crown Proceedings Act 1947 s.19(2), included third party proceedings and proceedings against the Crown must be held in London.

Appeal allowed.

Chancery Division
Rattee J
Judgment date
23 June 1994
References

[1995] Ch 73 : [1994] 3 WLR 1074 : [1995] 1 All ER 378 : (1994) 91(40) LSG 36