Racz v Home Office
| Jurisdiction | England & Wales |
| Court | Court of Appeal (Civil Division) |
| Judgment Date | 04 December 1992 |
| Date | 04 December 1992 |
Court of Appeal
Before Lord Justice Neill, Lord Justice Beldam and Lord Justice Kennedy
Tort - misfeasance of public employee - outside scope of employment
A prison officer who committed the tort of misfeasance in public office by carrying out acts which were unauthorised or which were done for some malicious purpose was acting outside the scope of his authority. Therefore, the Home Office was not vicariously liable for the misfeasance.
The Court of Appeal so held dismissing an appeal by the plaintiff, Steven Racz, from Mrs Justice Ebsworth (The Times November 25) who had granted an application by the Home Office to strike out of the plaintiff's statement of claim an allegation of misfeasance in public office.
The plaintiff, a remand prisoner at Armley in Leeds, was suing the Home Office for damages for assault, misfeasance and false imprisonment arising out of his ill treatment by prison officers at the prison.
Mr David Harris, QC and Mr Tim Owen for the plaintiff; Mr Guy Sankey, QC and Mr Neil Garnham for the Home Office.
LORD JUSTICE NEILL said that the...
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... ... considerations, pursued by a combination of his political opponents and unscrupulous office seekers in his own party. Thirdly, he alleged that the Council knew that the proceedings could not ... Swansea City Council [1990] 1 W.L.R. 1453 at 1458 ; Racz v. Home Secretary [1994] 2 A.C. 45 ; Bourgoin S.A. v. Ministry of Agriculture Fisheries and ... ...
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Karagozlu v Commissioner of Police of the Metropolis
...liable for the misfeasance in such a case, but that view (which was obiter) must now be treated as wrong in the light of the decision in Racz. However that may be, Lord Bridge recognised that a prisoner who is lawfully detained in a prison may recover damages in misfeasance from a prison of......
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David Axon (Claimant) Ministry of Defence (Defendant) News Group Newspapers Ltd (Third Party)
... ... December had been published) were prosecuted for conspiracy to commit misconduct in public office. Ms Jordan-Barber pleaded guilty and, in January 2015, was sentenced by Saunders J. to 12 months ... for the employee's own ends – see for instance Lloyd v Grace Smith and Co [1912] AC 716 , Racz v Home Office [1994] 2 AC 45 and Lister v Hesley Hall Ltd [2002] 1 AC 215 ... ...
