§ Sir J. Mellorasked the Attorney-General whether, when a servant of the Crown is sued in tort and is alleged to have been on duty at the material time, the Crown will, subject to all proper considerations of national security, give to the plaintiff the same facilities for inspection of documents as a commercial employer, if joined as a defendant, could have been ordered to give?
§ The Attorney-GeneralWhen a servant of the Crown is sued in tort, an Order for discovery can be made against him. If he was on duty at the material time, it is, and has for long been, the established practice of the Crown to disclose and give inspection of all relevant documents in the possession of the Crown, except documents for which privilege from production is claimed on recognised grounds of public interest. If the servant of the Crown was not on duty at the material time, and the above rule is not therefore operative, the plaintiff can serve a subpoena upon the appropriate officer of the Crown for the production of any relevant documents and this subpoena must be complied with subject to the question of privilege.
§ Sir J. Mellorasked the Attorney-General whether, when a judgment has been obtained against a servant of the Crown in an action for tort and the Crown refuses to provide funds to satisfy the judgment, contending that its servant was not on duty at the material time, the Crown will be willing to submit that contention to arbitration on the plaintiff's request?
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§ The Attorney-GeneralThis raises a question of policy and I have nothing to add to the answer given to my hon. Friend by the Lord Privy Seal on 3rd March.