Misfeasance in UK Law
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Banking regulation and the tort of misfeasance in public office: The difficulties in suing regulators Three Rivers District Council and others (1) Bank of Credit and Commerce International SA (in liquidation) (2) v Bank of England
The Plaintiffs were depositors who had lost monies in the collapse of Bank of Credit and Commerce International (BCCI). BCCI itself was named as a Plaintiff since it was an assignee of the claims o...
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Three Rivers District Council and Others v Governor and Company of the Bank of England
The factual background to this appeal was set out in Vol. 5, No. 1, pp. 70–72 of the Journal of Financial Regulation and Compliance and concerned the 1991 collapse of the Bank of Credit and Commerc...... ... the Plaintiffs' claim against the Bank of England and dismissed the proceedings, on the basis that the essen-tial elements of the tort of misfeasance in public office were not present and thus the claim was bound to fail. THE ISSUES The Appellants appealed to the Court of Appeal requesting that ... ...
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Misconduct in a Public Office—Should it Still Be Prosecuted?
This article examines the common law crime of misconduct in a public office from its ancient origins, and considers the difficulties in defining the crime. These difficulties arise from the crime b...... ... These difficulties arise from the crime being very widely defined as it includes non-feasance, misfeasance, frauds and de- ceits, malfeasance and oppression. It is unclear whether these are separate categories or if they run into one another. It is also ... ...
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Three Rivers District Council v Governor and Company of Bank of England
The various pre‐trial stages of these complex proceedings have been discussed in previous issues of this Journal in Vol. 5, No. 1, pp. 70–72, Vol. 7, No. 3, pp. 274–280, Vol. 8, No. 4, pp. 359–364 ...... ... In the same judgment the House of Lords ruled as a matter of law that the essential elements of the tort of misfeasance in public office (which by this stage is the only possible legal ground of claim avail-able to the depositors) were to be found 'where a public ... ...
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The jeopardy of the bank in enforcement of normative anti-money laundering and countering financing of terrorism regimes
Purpose: – The paper aims to examine the jeopardy of the bank in performing its varied functions to customers, the public and regulatory authorities. The bank’s overriding mandate is accepting depo...... ... The paper has also utilised case law on misfeasance of banks where courts have foundbanks for misfeasance and literally not doing enough in execution of their obligations to preventnancial crimes ... ...
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House of Lords
... ... for those on remand in prison awaiting trial, since it established the vicarious liability of the Home Office for misfeasance in public office of prison officers which amounts to tort against a prisoner. As important, in practice, however, is the decision of ... ...
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Court castigates BCCI liquidators' claim against Bank of England
Purpose: The purpose of this paper is to describe how BCCI liquidators' claim against the Bank of England has been castigated. Design/methodology/approach: The paper outlines the facts surrounding...... ... Those proceedings began in1993 and were brought for misfeasance in public office in relation to the Bank ofEngland’s discharge of supervisory and regulatory responsibilities over the UKoperations of the BCCI ... ...
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Recent Judicial Decisions
... ... May 2010 Appeal against order of HH Judge McKenna (sitting in Bir- mingham County Court) dismissing claim for malicious pro- secution and misfeasance in a public office by Chief Constable of West Midlands Police. Keywords: European convention on Human Rights, Article 5(1)(c); inadequate police ... ...
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Quarterly Summary
... ... Held, she had not "abandoned" the child (1955, 2 W.L.R. 1187) ... 370 THE JOURNAL OF CRIMINAL LAW MEANING OF 'MISFEASANCE' IN COMPANY LAW In re B. Johnson f:j Co. (Builders), Ltd. Under s. 333 (I), the "misfeasance" section, of the Companies Act, certain ... ...
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STATUTES
... ... Death Knell of Nonfeasance Immunity for Ilighway Authorities FOR 500 years English law has been plagued with the misfeasance- nonfeasance rule relating to highway authoritics. A highway autho- rity is not liable for damage resulting from mere nonfeasance, ... ...
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