Section 3Part 2 — Substantive Law
Liability of the Crown in tort
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Subject to this Act, the Crown is subject to all those liabilities in tort to which, if it were a private person of full age and capacity, it would be subject —
in respect of torts committed by its servants or agents;
in respect of any breach of those duties which a person owes to that person's servants or agents at common law by reason of being their employer; and
in respect of any breach of the duties attaching at common law to the ownership, occupation, possession or control of property,
provided that no proceedings lie against the Crown under paragraph (a) in respect of any act or omission of a servant or agent of the Crown unless the act or omission would, apart from this Act, have given rise to a cause of action in tort against that servant or agent or that person's estate.
Where the Crown is bound by a statutory duty which is binding also upon persons other than the Crown and its officers then, subject to this Act, the Crown is, in respect of a failure to comply with that duty, subject to all those liabilities in tort, if any, to which it would be so subject if it were a private person of full age and capacity.
Where any functions are conferred or imposed upon an officer of the Crown as such either by any rule of the common law or by statute, and that officer commits a tort while performing or purporting to perform those functions, the liabilities of the Crown in respect of the tort shall be such as they would have been if those functions had been conferred or imposed solely by virtue of instructions lawfully given by the Crown.
An enactment which negatives or limits the amount of the liability of any Government department or officer of the Crown in respect of a tort committed by that department or officer applies, in the case of proceedings against the Crown under this section in respect of a tort committed by that department or officer, in relation to the Crown as it would apply in relation to that department or officer if the proceedings against the Crown were proceedings against that department or officer.
No proceedings lie against the Crown by virtue of this section in respect of anything done or omitted to be done by any person while discharging or purporting to discharge any responsibilities of a judicial nature vested in that person, or any responsibilities which that person has in connection with the execution of judicial process.
No proceedings lie against the Crown by virtue of this section in respect of any act, neglect or default of any officer of the Crown, unless that officer has been directly or indirectly appointed by the Crown and was, at the material time, paid in respect of that officer's duties as an officer of the Crown wholly out of the general revenue of the Islands, or any fund certified by the Financial Secretary for the purposes of this subsection or was, at the material time, holding an office in respect of which the Financial Secretary certifies that the holder thereof would normally be so paid.