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In the event of a third party work exerience within an organization covered uner CIS, how would a civil claim be pursued?
B
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A Civil Claim is totally separate from Crown Immunity. The (Crown) organisation with such immunity is protected against prosecution, since the "Crown" cannot prosecute itself. However there is nothing to stop an employee or member of the public lodging a Civil Claim.
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Rank: Super forum user
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Do you mean what happens if one of your students is doing work experience in an organisation covered by Crown Immunity?
Well basically its the same as if you are dealing with any employer, the only difference is that the money paid out comes from the Treasury not the employers liability insurance policy.
The government does not as a matter of policy pay for employers’ liability insurance, it just self insures.
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Rank: Forum user
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PH2 wrote:A Civil Claim is totally separate from Crown Immunity. The (Crown) organisation with such immunity is protected against prosecution, since the "Crown" cannot prosecute itself. However there is nothing to stop an employee or member of the public lodging a Civil Claim. Sorry, I was thinking specifically with re. to CIS relationship to PLI as organizations with CIS generally won't hold PLI. However, the duality of Crown v Crown is interesting, as should local authoirites be covered with CIS then they have been prosecuted before.
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Rank: Super forum user
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Originally Posted by: Andrew Bö  PH2 wrote:A Civil Claim is totally separate from Crown Immunity. The (Crown) organisation with such immunity is protected against prosecution, since the "Crown" cannot prosecute itself. However there is nothing to stop an employee or member of the public lodging a Civil Claim. Sorry, I was thinking specifically with re. to CIS relationship to PLI as organizations with CIS generally won't hold PLI. However, the duality of Crown v Crown is interesting, as should local authoirites be covered with CIS then they have been prosecuted before. Crown Immunity only applies to ‘direct emanations of the Crown’ such as Central government departments or the armed forces. It does not apply to NHS bodies (it used to many years ago) and has never applied to local government bodies as they are regarded as legally not part of the Crown. It does not apply to government contractors or nationalised businesses.
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Rank: Forum user
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A Kurdziel wrote:Originally Posted by: Andrew Bö PH2 wrote:A Civil Claim is totally separate from Crown Immunity. The (Crown) organisation with such immunity is protected against prosecution, since the "Crown" cannot prosecute itself. However there is nothing to stop an employee or member of the public lodging a Civil Claim. Sorry, I was thinking specifically with re. to CIS relationship to PLI as organizations with CIS generally won't hold PLI. However, the duality of Crown v Crown is interesting, as should local authoirites be covered with CIS then they have been prosecuted before. Crown Immunity only applies to ‘direct emanations of the Crown’ such as Central government departments or the armed forces. It does not apply to NHS bodies (it used to many years ago) and has never applied to local government bodies as they are regarded as legally not part of the Crown. It does not apply to government contractors or nationalised businesses. A Kurdziel, many thanks for this clarficaition. It is all bringin back the law modules I undertook now. Although in England I still seem to think Scots Law first.
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