SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND OTHERS [2022] ScotCS CSIH_45 (06 October 2022)

SIMON MORRISON AGAINST MAPFRE MIDDLESEA INSURANCE PLC AND OTHERS [2022] ScotCS CSIH_45 (06 October 2022)

Transport for Malta's omission to maintain road safety was a governmental act performed under delegated sovereign authority; such acts are immune from jurisdiction under section 14(2) of the State Immunity Act 1978 as they cannot be performed by private citizens and are not commercial in nature.

Citation
[2022] ScotCS CSIH_45
Parties
Pursuer: Simon Morrison; First Defenders and Reclaimers: MAPFRE Middlesea Insurance plc; Second Defenders: City Sightseeing Malta Limited; Third Parties and Respondents: Awtorità Ghat-Transport f'Malta (Transport for Malta)
Jurisdiction
Scotland
Judgment Date
06 October 2022
Procedural Posture
Reclaiming Motion (appeal) / Judgment on Preliminary Proof Regarding Jurisdiction and State Immunity
Outcome
Reclaiming motion refused; interlocutor of 16 December 2021 adhered to.
Legal Topics
State Immunity, Sovereign Authority, Jurisdiction, Personal Injury, Governmental Acts
Public Law Tort Law International Law State Immunity Sovereign Authority Jurisdiction Personal Injury Governmental Acts

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Parties

Simon Morrison

Pursuer

MAPFRE Middlesea Insurance plc

First Defenders and Reclaimers

City Sightseeing Malta Limited

Second Defenders

Awtorità Ghat-Transport f'Malta (Transport for Malta)

Third Parties and Respondents

Procedural Posture

Reclaiming Motion (appeal) / Judgment on Preliminary Proof Regarding Jurisdiction and State Immunity

Legal Issues

  1. 1 Whether Transport for Malta is entitled to state immunity under section 14(2) of the State Immunity Act 1978
  2. 2 Whether the acts/omissions of Transport for Malta were governmental or commercial in nature

Ratio Decidendi

Transport for Malta's omission to maintain road safety was a governmental act performed under delegated sovereign authority; such acts are immune from jurisdiction under section 14(2) of the State Immunity Act 1978 as they cannot be performed by private citizens and are not commercial in nature.

Court Disposition

Reclaiming motion refused; interlocutor of 16 December 2021 adhered to.

Orders

  • Action dismissed quoad Transport for Malta (third parties) for lack of jurisdiction due to state immunity.