Is it possibel to sue the UK Government?

Is it possibel to sue the UK Government?

Postby holy vehm » Mon Sep 24, 2012 9:29 am

I came across this question,

I was just wondering (Out of interest), if it is possible to sue government departments/bodies, and if not, why are they given immunity?

I don't plan to sue my council...just yet ;-)

And the answer that followed,

Yes it is. You can sue a government departments in the UK courts, and you can sue the UK government in the European Court of Human Rights, and in the European Court of Justice.

You cannot sue the government for certain things. You can't sue them just because you don't like government policy. You cannot sue them for failing to deliver on an election pledge (this has been tried before and failed, on the grounds that election promises are mere aspirations, and can change from day to day in different circumstances.)

You can sue the government for failing to protect your human rights under the European Convention on Human Rights, if you have exhausted all legal channels in the UK, in the European Court of Human Rights. If the case is successful, the UK must change its domestic law to comply with the ruling. The Human Rights Act 1998 tries to reduce the number of times the UK is in the dock, by incorporating the majority of the Convention into UK law, and making sure existing laws are interpreted in a way which complies with it.

People often sue the department for health, the ministry of defence, the home office etc.

The following government departments are listed in the Corporate Manslaughter and Corporate Homicide Act 2007 as corporations which may be prosecuted criminally (and sued for negligence) for corporate manslaughter:
Assets Recovery Agency
Attorney General's Office
Cabinet Office
Central Office of Information
Crown Office and Procurator Fiscal Service
Crown Prosecution Service
Department for Communities and Local Government
Department for Constitutional Affairs (including the Scotland Office and the Wales Office)
Department for Culture, Media and Sport
Department for Education and Skills
Department for Environment, Food and Rural Affairs
Department for International Development
Department for Transport
Department for Work and Pensions
Department of Health
Department of Trade and Industry
Export Credits Guarantee Department
Foreign and Commonwealth Office
Forestry Commission
General Register Office for Scotland
Government Actuary's Department
Her Majesty's Land Registry
Her Majesty's Revenue and Customs
Her Majesty's Treasury
Home Office
Ministry of Defence
National Archives
National Archives of Scotland
National Audit Office
National Savings and Investments
National School of Government
Northern Ireland Audit Office
Northern Ireland Court Service
Northern Ireland Office
Office for National Statistics
Office of the Deputy Prime Minister
Office of Her Majesty's Chief Inspector of Education and Training in Wales
Ordnance Survey
Privy Council Office
Public Prosecution Service for Northern Ireland
Registers of Scotland Executive Agency
Revenue and Customs Prosecutions Office
Royal Mint
Scottish Executive
Serious Fraud Office
Treasury Solicitor's Department
UK Trade and Investment
Welsh Assembly Government

You can also sue a police force, which is a branch of the Home Office, a government department.

Here's the relevant act.
http://www.legislation.gov.uk/ukpga/2007/19/contents
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: Is it possibel to sue the UK Government?

Postby musashi » Sun Sep 30, 2012 4:08 pm

Just to expand a little on that .....

you cannot sue individual constables but must sue the chief constable. He, by the way, ceases to be a constable when he becomes chief. He has to hand in his warrant card.

Police are not government employees but Crown Officers. They are paid from a mixture of the local police precept which comes out of the Council Tax they demand of you, and fifty percent from the Home Office budget - which contribution is currently being lowered. the H.O. contribution allowed central government to take control of local police.

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Re: Is it possibel to sue the UK Government?

Postby diasan » Sun Sep 30, 2012 8:05 pm

musashi wrote:...he chief constable. He, by the way, ceases to be a constable when he becomes chief. He has to hand in his warrant card.


Interesting. Do you have an available reference for this?
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Re: Is it possibel to sue the UK Government?

Postby musashi » Mon Oct 01, 2012 1:12 am

The source for this is our good friend, John Hurst - a veteran of the Metropolitan Police.

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Re: Is it possibel to sue the UK Government?

Postby apsert » Wed Oct 03, 2012 12:56 am

Still yet no one has confronted the issue of- Where have the police sworn an "OFFICERS OATH"? A Constables oath thus the constables act, but where have they taken an oath to serve in the capacity of an "Officer" ...? these are two different roles if i am not mistaken. I put this to two bobbys one women other man. And their spirits lit up with amazement for i feel they truly realised they had no jurisdiction in the capacity they serve current. They gave the impression they where soe how given hope? strange i got to say but this was the impression
they both gave.
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Re: Is it possibel to sue the UK Government?

Postby musashi » Thu Oct 04, 2012 11:11 pm

We are now back to the trust idea.
Anyone under oath in government service are trustees. If they act against the beneficiaries they are in breach of trust.
The problem for us is that the roles have been legally reversed and we are made the trustees and they the beneficiaries.

Things are happening in this area. See Darren Diogee's work. See also www.criticalmassradio.co.uk and studio@criticalmassradio.co.uk for some excellent stuff. Try Freedomnorthwest with Rob Bollox.

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Re: Is it possibel to sue the UK Government?

Postby holy vehm » Fri Oct 05, 2012 7:46 am

Would schools be in trust?

If so what part do school governors play?
"A ruler who violates the law is illegitimate. He has no right to be obeyed. His commands are mere force and coercion. Rulers who act lawlessly, whose laws are unlawful, are mere criminals".
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Re: Is it possibel to sue the UK Government?

Postby musashi » Sat Oct 06, 2012 3:16 pm

This was removed by musashi because, somehow, it went on the wrong thread.
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