News & Events

‘One of the super-sets’, Brick Court Chambers is ‘an all-round strong’ set with ‘a large selection of high-quality competition law specialists’, ‘top commercial counsel’, ‘an excellent chambers for banking litigation’, and a ‘go-to’ set for public administrative law.

The clerks’ room ‘sets the benchmark’ for other sets with its ‘friendly, knowledgeable, and hardworking’ clerks.

"An outstanding commercial set with a track record of excellence across its core areas of work."

"A set that is singled out for its "first-rate" clerking and "client service-oriented, commercial approach."

Tort claims against the UK Government must be brought in England or Scotland

15/11/13

The Gibraltar Court of Appeal (Sir Paul Kennedy, Sir William Aldous and Sir Mark Potter) today struck out proceedings against the Defence Secretary for negligence and breach of statutory duty in respect of an accident in Gibraltar.

Setting aside the decision of Mr Justice Butler, the court ruled that claims against the Crown could not be brought at common law, only under the Crown Proceedings Acts. The 1947 Act only affected the law enforced in courts in England and Scotland. The equivalent legislation in Gibraltar only permitted claims against the Crown in right of the Government of Gibraltar. There was no scope for the common law to develop. Any reform was a matter for the legislature.

The court also rejected arguments that these rules infringed the right to an effective remedy in EU law and several provisions of the Gibraltar Constitution.

The judgment is here.

Martin Chamberlain QC represented the Defence Secretary.