Misfeasance in Public Office in UK Law

  • 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
    • No. 5-1, January 1997
    • Journal of Financial Regulation and Compliance
    • 70-72
    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...
  • Three Rivers District Council and Others v Governor and Company of the Bank of England
    • No. 7-3, March 1999
    • Journal of Financial Regulation and Compliance
    • 274-280
    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...
    ... ... based upon the tort of misfea-sance in public office. The Plaintiffs were depositors in the UK ... essen-tial elements of the tort of misfeasance in public office were not present and thus the ... ...
  • Three Rivers District Council v Governor and Company of Bank of England
    • No. 9-3, March 2001
    • Journal of Financial Regulation and Compliance
    • 279-283
    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 ...
    ... ... of BCCI amounted to misfea-sance in public office and/or (2) that they had, under European ... the essential elements of the tort of misfeasance in public office (which by this stage is the only ... ...
  • House of Lords
    • No. 58-3, August 1994
    • Journal of Criminal Law, The
    ... ... REMAND PRISONER'S RIGHT TO SUE HOME OFFICE Racz v Home Office The decision of the House ... of the Home Office for misfeasance in public office of prison officers which ... ...
  • Court castigates BCCI liquidators' claim against Bank of England
    • No. 14-4, October 2006
    • Journal of Financial Regulation and Compliance
    • 411-417
    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...
    ... ... began in1993 and were brought for misfeasance in public office in relation to the Bank ... ...
  • House of Lords rules on Bank of England immunity in respect of BCCI supervision Three Rivers District Council and others v Governor and Company of the Bank of England
    • No. 8-4, April 2000
    • Journal of Financial Regulation and Compliance
    • 359-364
    The factual background to this House of Lords decision lies in the 1991 collapse of the Bank of Credit and Commerce International (BCCI) Banking Group. The Appellants (who were the Appellants in th...
    ... ... action alleged by the Appellants was misfeasance in public office. They argued that named senior ... ...
  • Criminal Misconduct in a Public Office
    • No. 4-2, April 1996
    • Journal of Financial Crime
    • 172-173
    Public officials are subject to a wider range of duties than private employees. In both cases, certain acts, such as stealing from their employer, will be criminal. But much misconduct by employees...
    ... ... It can therefore apply in many circumstances that would be covered by 'bad faith' in public law and by the tort of misfeasance in public office. The offence plugs some of the gaps in the statu-tory corruption offences. For example, the Public Bodies Corrupt Practices Act 1889 ... ...
  • European Court of Human Rights
    • No. 65-5, October 2001
    • Journal of Criminal Law, The
    ... ... for the death of Brady, or for misfeasance in public office. The applicant alleged that ... ...
  • Extended Civil Restraint Orders
    • Contents
    • Vexatious Litigants and Civil Restraint Orders. A Practitioner's Handbook
    • David Giles/Maurice Rifat
    • 89-98
    ... ... considering issuing proceedings for misfeasance in public office), the court refused to make an ... ...
  • Court of Appeal
    • No. 64-4, August 2000
    • Journal of Criminal Law, The
    ... ... The court pointed out that the Home Office Circular 0112000 Prison Service Order Home ... with which Parliament (and the public) regard the carrying of firearms; and that ... that the police were guilty of misfeasance in public office. It was conceded that ... ...
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