Macgregor v. Lord Advocate and Another [1921] ScotLR 558 (06 July 1921)

An action of damages for negligence will not lie against the Crown or its departments, as the Crown is not liable for the wrongful acts of its servants; Scottish law follows the English rule of Crown immunity.

Citation: [1921] ScotLR 558
Parties: Pursuer: Duncan Gregor Macgregor; Defender: Lord Advocate (as representing the War Department); Defender: Sergeant Robert Macfarlane
Jurisdiction: Scotland
Judgment Date: 06 July 1921
Procedural Posture: Action for Damages for Negligence / Appeal From Interlocutor Dismissing Action Against Lord Advocate
Outcome: appeal refused; interlocutor adhered to
Legal Topics: Crown Immunity, Vicarious Liability, Negligence, Jurisdiction of Civil Courts

Constitutional Law Tort Law Government Liability Crown Immunity Vicarious Liability Negligence Jurisdiction of Civil Courts

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Parties

Duncan Gregor Macgregor

Pursuer

Lord Advocate (as representing the War Department)

Defender

Sergeant Robert Macfarlane

Defender

Procedural Posture

Action for Damages for Negligence / Appeal From Interlocutor Dismissing Action Against Lord Advocate

Legal Issues

1 Is the Crown liable in damages for the negligent acts of its servants?
2 Can an action for damages for negligence be brought against a department of State in Scotland?

Ratio Decidendi

Court Disposition

appeal refused; interlocutor adhered to

Orders

Action dismissed in so far as laid against the Lord Advocate as representing the War Department