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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 ]
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.
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]
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.
Misfeasance in public office is considered to be a special kind of public law tort. It occurs when there is a malicious or deliberate exercise or non-exercise of a statutory or common law power by an official which causes loss to a plaintiff which has been foreseen. [8]
Following the report, BCCI liquidators Deloitte Touche filed suit against the Bank of England for £850m, claiming that the Bank was guilty of misfeasance in public office. The suit lasted 12 years. The suit lasted 12 years.