SIMON MORRISON AGAINST MIDDLESEA INSURANCE PLC AND ANOTHER [2021] ScotCS CSOH_126 (16 December 2021)

SIMON MORRISON AGAINST MIDDLESEA INSURANCE PLC AND ANOTHER [2021] ScotCS CSOH_126 (16 December 2021)

The acts and omissions alleged against Transport for Malta—maintenance and safety of principal roads, licensing of bus operators—are governmental functions delegated by statute and cannot be performed by private citizens; thus, they constitute exercise of sovereign authority and fall within the scope of state immunity under section 14(2) of the State Immunity Act 1978.

Citation
[2021] ScotCS CSOH_126
Parties
Pursuer: Simon Morrison; Defender: Middlesea Insurance PLC; Third Party: Awtorità Ghat-Trasport f'Malta (Transport for Malta)
Jurisdiction
Scotland
Judgment Date
16 December 2021
Procedural Posture
Personal Injury / Reparation / Preliminary Proof on State Immunity
Outcome
Third party's plea of immunity sustained; action dismissed quoad the third party.
Legal Topics
State Immunity Act 1978, Sovereign Authority, Jurisdiction, Public Vs Private Law Acts, Transport Regulation
International Law State Immunity Tort Law State Immunity Act 1978 Sovereign Authority Jurisdiction Public Vs Private Law Acts Transport Regulation

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Parties

Simon Morrison

Pursuer

Middlesea Insurance PLC

Defender

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

Third Party

Procedural Posture

Personal Injury / Reparation / Preliminary Proof on State Immunity

Legal Issues

  1. 1 Whether Transport for Malta is immune from jurisdiction under section 14(2) State Immunity Act 1978
  2. 2 Whether the acts/omissions alleged constitute exercise of sovereign authority

Ratio Decidendi

The acts and omissions alleged against Transport for Malta—maintenance and safety of principal roads, licensing of bus operators—are governmental functions delegated by statute and cannot be performed by private citizens; thus, they constitute exercise of sovereign authority and fall within the scope of state immunity under section 14(2) of the State Immunity Act 1978.

Court Disposition

Third party's plea of immunity sustained; action dismissed quoad the third party.

Orders

  • Dismissal of action against Awtorità Ghat-Trasport f'Malta (Transport for Malta) on grounds of state immunity