The claimant appealed an order dismissing her claim for misfeasance in public office by the defendant, for the way in which they had mishandled her membership of duty solicitor rota schemes.
Held: The court discussed the requirements for establishing the tort of misfeasance in public office. The tort was Here reckless indifference (if subjective) to the consequences to the claimant had to be shown. Here: ‘Whether or not the committee were entitled to do as they did, they were doing so in order to further the main purpose of the legislation. They were not doing so arbitrarily, out of prejudice, or favouritism, or any of the other improper motives which might have been alleged in this case.’ and ‘The point . . is not what was or was not in fact lawful at the time, but whether the committee had an honest belief that it was lawful to do as it did.’ The claim failed.
Otton LJ, Mantell LJ, Hale LJ
[2000] EWCA Civ 301
Bailii
England and Wales
Citing:
Cited – Jones v Swansea City Council CA 1990
The defendant council had originally resolved in favour of allowing the plaintiff to use premises leased to her by the council as a club; the plaintiff’s husband was at that time a member of the majority group on the council; there was then an . .
Cited – Bourgoin SA v Minister of Agriculture Fisheries and Food CA 1985
The plaintiffs were French producers of turkeys. They alleged that the Minister revoked their licence to import turkeys into this country by a decision that was ultra vires and motivated by a desire to assist British turkey producers, and that this . .
Cited – Regina v Knowsley Metropolitan Borough Council, ex parte Maguire 1990
Schiemann J said: ‘we do not have in our law a general right to damages for maladministration.’ . .
Cited – X (Minors) v Bedfordshire County Council; M (A Minor) and Another v Newham London Borough Council; Etc HL 29-Jun-1995
Liability in Damages on Statute Breach to be Clear
Damages were to be awarded against a Local Authority for breach of statutory duty in a care case only if the statute was clear that damages were capable of being awarded. in the ordinary case a breach of statutory duty does not, by itself, give rise . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England HL 18-May-2000
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank.
Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly . .
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Commissioner of Police v Caldwell HL 19-Mar-1981
The defendant got drunk and set fire to the hotel where he worked. Guests were present. He was indicted upon two counts of arson. He pleaded guilty to the 1(1) count but contested the 1(2) charge, saying he was so drunk that the thought there might . .
Cited – Regina v Cunningham CCA 1957
Specific Intention as to Damage Caused
(Court of Criminal Appeal) The defendant wrenched a gas meter from the wall to steal it. Gas escaped. He was charged with unlawfully and maliciously causing a noxious thing, namely coal gas, to be taken by the victim.
Held: Byrne J said: ‘We . .
Cited – Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3) HL 22-Mar-2001
Misfeasance in Public Office – Recklessness
The bank sought to strike out the claim alleging misfeasance in public office in having failed to regulate the failed bank, BCCI.
Held: Misfeasance in public office might occur not only when a company officer acted to injure a party, but also . .
Cited by:
Cited – Stockwell and others v Society of Lloyd’s; Society of Lloyd’s v Henderson and Others; Lowe and Others v Society of Lloyd’s CA 27-Jul-2007
The claimants sought to recover damages from the defendants in their alleged mishandling of their agencies. They had sought to amend the pleadings to add a claim for misfeasance in public office, and now appealed refusal of leave.
Held: the . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.147334