HC Deb 01 August 1946 vol 426 c268W
127. Mr. Driberg

asked the Attorney-General if his attention has been called to the action in which damages for libel and costs were awarded to Mr. G. M. Odium, in the King's Bench Division last Monday, and to the judgment of Mr. Justice Atkinson therein; why and when the indemnity referred to was given; and in what circumstances and by whose authority Government Departments give indemnities to defendants in actions against liabilities they may incur for damages and costs.

The Attorney-General

My attention has been called to the judgment of Mr. Justice Atkinson to which the hon. Member refers. The indemnity in question was given by the Ministry of Agriculture and Fisheries in the early part of 1944. As the Crown cannot be sued in tort it is the usual practice for the Government Department concerned to indemnify public officials who may be sued in respect of torts committed by them in the course of their official duty when, in the view of the Department at the time, they have acted in good faith. It was in pursuance of this practice that this indemnity was given.

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