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Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office , alleging in essence that the office-holder has misused or abused their power. [ 1 ]
In December 2020, the Law Commission issued a report recommending the common law offence of misconduct in public office be abolished, and replaced with two new statutory offences; one of 'corruption in public office' and another of 'breach of duty in public office'. [13] As of 2024, the government has not issued a response to the report. [14]
Watkins v Home Office and others [2006] UKHL 17, was a United Kingdom legal case heard by the House of Lords where the Home Office made an appeal as to whether the tort of misfeasance in public office was actionable in the absence of proof of pecuniary losses or injury of a mental or physical nature.
The solicitors said the charges were dropped 15 months later, and Ms Edmunds sued the force for breaching her human rights, false imprisonment, assault, misfeasance in public office and malicious ...
Ashby v White (1703) 92 ER 126, is a foundational case in UK constitutional law and English tort law.It concerns the right to vote and misfeasance of a public officer. Lord Holt laid down the important principle that where there is injury in the absence of financial loss (injuria sine damno) the law makes the presumption of damage and that it is sufficient to demonstrate that a right has been ...
Misfeasance in public office Three Rivers District Council v Governor of the Bank of England [2001] UKHL 16 [ 3 ] is a UK banking law and EU law case concerning government liability for the protection of depositors and the preliminary ruling procedure in the European Union.
Administrative liability in English law is an area of law concerning the tortious liability of public bodies in English law.The existence of private law tort applying to public bodies is a result of Diceyan constitutional theory suggesting that it would be unfair if a separate system of liability existing for government and officials.
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