Absolute Immunity

The position was drastically altered by the Crown Proceedings Act 1947 which made the Crown (when acting as the government) liable as of right in proceedings where it was previously only liable by virtue of a grant of a fiat. With limited exceptions, this had the effect of allowing proceedings for tort and contract to be brought against the Crown.

English Law

Absolute Immunity

Absolute immunity is a form of legal immunity in contrast to qualified immunity. While qualified immunity, by its very nature, carries with it a set of conditions that must be fulfilled in order for the immunity to attach, an absolute immunity is unconditional.

Examples of absolute immunity include judicial immunity and legislative immunity.

  1. Judicial immunity
  2. Legislative immunity


Judicial Immunity

Judicial Immunity is a form of legal immunity which protects judges and others employed by the judiciary from lawsuits brought against them for judicial actions, no matter how incompetent, negligent, or malicious such conduct might be, even if this conduct is in violation of statutes.

United Kingdom

Immunity in proceedings

Historically, the general rule in the United Kingdom has been that the Crown has never been able to be prosecuted or proceeded against in either criminal or civil cases. The only means by which civil proceedings…

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