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In English Law , a petition of right was a Remedy available to subjects to recover property from The Crown .Bradley & Ewing (2003) 'pp''770-771

Before the Crown Proceedings Act 1947 , the British Crown could not be Sue d in Contract . However, as it was seen to be desirable that Crown contractors could obtain redress, lest they be inhibited from taking on such work, the petition of right came to be used in such situations, especially after the Petitions Of Right Act 1860 simplified the process. Before the petition could be heard by the courts, it had to be endorsed with the words '' Fiat Justitia '' on the advice of the Home Secretary and Attorney-General . This latin phrase was normally translated as "Let right be done".

One of the most famous '' Causes Célèbres '' in English law, the Archer-Shee Case , arose out of proceedings on a petition of right.

Section 1 of the Crown Proceedings Act 1947 allows claims for which a petition would previously have been demanded to be brought in the courts directly as against any other defendant. However, a petition and ''fiat'' still appear to be necessary for personal claims against the Monarch .


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BIBLIOGRAPHY

  • 1, ''pp''770-771