State Proceedings Act, 1965
- Commenced on 4 June 1965
- [This is the version of this document at 31 December 1996.]
Part I – Preliminary
1. Short titleThis Act may be cited as the State Proceedings Act.
Part II – Substantive law
3. Liability of State in contractSubject to the provisions of this Act, the State shall be subject to those liabilities in contract to which, if it were a private person of full age and capacity, it would be subject and any claim arising therefrom may be enforced as of right against the State in accordance with the provisions of this Act.
4. Liability of State in tort
4A. Restriction on court orders against StateNotwithstanding the provisions of this Act, no court of law shall make an order for damages or compensation against the State in respect of anything done under or in the execution of any restriction or detention order signed by the President:Provided that nothing in this section shall apply to a claim for damages or compensation arising from—
5. Provisions as to industrial property
6. Application of law as to indemnity, contribution, joint and several tortfeasors and contributory negligence
7. Provisions relating to Defence Force
8. Saving in respect of acts done under prerogative and written laws
Part III – Jurisdiction and procedure
9. Civil proceedings in High CourtSubject to the provisions of this Act, all civil proceedings by or against the State in the High Court shall be instituted and proceeded with in accordance with rules of court and not otherwise.
10. Civil proceedings in subordinate courts
11. InterpleaderThe State may obtain relief by way of interpleader proceedings, and may be made a party to such proceedings, in the same manner in which a subject may obtain relief by way of such proceedings or be made a party thereto, and may be made a party to such proceedings notwithstanding that the application for relief is made by a sheriff or other like officer; and all rules of court relating to interpleader proceedings shall, subject to the provisions of this Act, have effect accordingly.
12. Parties to proceedings
13. Service of documentsAll documents required to be served on the State for the purpose of or in connection with any civil proceedings by or against the State shall be served on the officer of the Attorney-General's Chambers having the conduct of such proceedings, or, if a legal practitioner in private practice is acting for the State in such proceedings, on such legal practitioner.
14. Venue and related matters
15. Removal and transfer of proceedings
16. Nature of relief
17. Costs in civil proceedings to which State is a partyIn any civil proceedings or arbitration to which the State is a party, the costs of and incidental to the proceedings shall be awarded in the same manner and on the same principles as in cases between subjects, and the court or arbitrator shall have power to make an order for the payment of costs by or to the State accordingly:Provided that—
18. Appeals and stay of executionSubject to the provisions of this Act, all written laws relating to appeals and stay of execution shall, with any necessary modifications, apply to civil proceedings by or against the State as they apply to proceedings between subjects.
19. Scope of Part III
Part IV – Judgements and execution
20. InterestThe Minister responsible for finance may allow and cause to be paid out of the general revenues of the Republic to any person entitled by a judgment under this Act to any money or costs, interest thereon at a rate not exceeding six per centum from the date of the judgment until the money or costs are paid.
21. Satisfaction of orders against State
22. No judgment by default without leaveIn any proceedings against the State under this Act, judgment shall not be entered against the State in default of appearance or pleading without the leave of the court to be obtained on application of which at least fourteen clear days' notice has been given to the Attorney-General, or, if a legal practitioner in private practice is acting for the State in the proceedings, to such legal practitioner.
23. Execution by StateSubject to the provisions of this Act, any order made in favour of the State against any person in any civil proceedings to which the State is a party may be enforced in the same manner as an order made in an action between subjects and not otherwise.
24. Attachment of moneys payable by State
Part V – Miscellaneous and supplemental
26. Exclusion of proceedings in rem against State
27. Limitation of actionsNothing in this Act shall prejudice the right of the State to rely upon any written law relating to the limitation of time for bringing proceedings against public authorities.
28. Application to State of certain statutory provisionsThis Act shall not prejudice the right of the State to take advantage of the provisions of any written law although not named therein; and it is hereby declared that in any civil proceedings against the State the provisions of any written law which could, if the proceedings were between subjects, be relied upon by the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to any express provisions to the contrary, be so relied upon by the State.
29. Rules of court
30. Repeal and transitional provisionsThe Crown Proceedings Act, Chapter 242 of the 1953 Edition of the Laws, is hereby repealed:Provided that any proceedings under the said Act pending before any court at the commencement of this Act shall be continued and concluded, and any judgment given may be enforced, in every respect as if the said Act had remained in force.
History of this document
04 June 1965