Misfeasance in Public Office in UK Law

Leading Cases
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 March 2001

    The rationale of the tort is that in a legal system based on the rule of law executive or administrative power "may be exercised only for the public good" and not for ulterior and improper purposes: Jones v. Swansea City Council [1990] 1 W.L.R. 54, 85F, per Nourse L.J.; a decision reversed on the facts but not on the law by the House of Lords: [1990] 1 W.L.R. 1453, at 1458.

    This type of case involves bad faith in the sense of the exercise of public power for an improper or ulterior motive. The second form is where a public officer acts knowing that he has no power to do the act complained of and that the act will probably injure the plaintiff. It involves bad faith inasmuch as the public officer does not have an honest belief that his act is lawful.

  • Elguzouli-Daf v Commissioner of Police of the Metropolis; McBrearty v Ministry of Defence
    • Court of Appeal (Civil Division)
    • 16 November 1994

    Potentially such liability might attach to a decision of a CPS prosecutor. But, as the law stands, the plaintiff has to establish either that the holder of the public office maliciously acted to the plaintiff's detriment or that he acted knowing that he did not possess the relevant power.

  • Bourgoin S.A. v Ministry of Agriculture, Fisheries and Food
    • Court of Appeal (Civil Division)
    • 29 July 1985

    If an act is done deliberately and with knowledge of its consequences, I do not think that actor can sensibly say that he did not "intend" the consequences or that the act was not "aimed" at the person who, it is known, will suffer them.

  • Society of Lloyd's v Henderson and Others
    • Court of Appeal (Civil Division)
    • 27 July 2007

    As to his second conclusion under this head, I have no doubt that, quite apart from any of the matters so far set out in this judgment, the attempt to introduce Misfeasance in Public Office into the case at this stage is an abuse of process. In paragraph 14 of his judgment Andrew Smith J explained how as early as 1997 leading counsel for the Names (including all of the UNO appellants) indicated that the pleading of Misfeasance in Public Office was under consideration.

  • Watkins v Secretary of State for the Home Department and Others
    • House of Lords
    • 29 March 2006

    It was common ground that the issue now before the House had not been an issue for decision by the House in Three Rivers (No 3), since it was clear in that case that the Bank of England's conduct, if tortious at all, was alleged to be causative of financial loss. Thus while no criticism was directed to the definition of the tort given by the House in Three Rivers (No 3), it did not resolve the present appeal.

  • Ashley v Chief Constable of Sussex Police
    • Court of Appeal (Civil Division)
    • 27 July 2006

    As to the first part, the respondent admitted negligence and false imprisonment and the judge accordingly gave judgment for the appellants on those claims as appropriate, with damages to be assessed. The respondent denied battery and misfeasance in public office. The judge struck out the claim for misfeasance in public office under CPR 3.4. She also gave summary judgment for the respondent under CPR 24 in respect of both the claim for battery and the claim for misfeasance in public office.

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Legislation
  • Anti-social Behaviour, Crime and Policing Act 2014
    • UK Non-devolved
    • Wednesday January 01, 2014
    ... ... Commission and the Serious Fraud Office; to make provision about invalid travel ... members of the public in the locality being harassed, alarmed or ... the tort of negligence or misfeasance in public office, ... ...
  • Immigration Act 2016
    • UK Non-devolved
    • Friday January 01, 2016
    ... ... provision about language requirements for public sector workers; to make provision about fees for ... The Director is to hold office in accordance with the terms of his or her ... review or the tort of negligence or misfeasance in public office, arising out of anything done or ... ...
  • The Waste Enforcement (England and Wales) Regulations 2018
    • UK Non-devolved
    • Monday January 01, 2018
    ... ... (b) (b) the tort of negligence or misfeasance in public office ... (2) Subsection (1) does ... ...
  • Licensing and Registration of Clubs (Amendment) Act (Northern Ireland) 2011
    • Northern Ireland
    • Saturday January 01, 2011
    ... ... closure is necessary in the interests of public safety ... review, the tort of negligence or misfeasance in public office ... ...
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Books & Journal Articles
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Law Firm Commentaries
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