Barnard v Restormel Borough Council: CA 6 Feb 1998

The council appealed a refusal to strike out the proceedings. The claimant alleged misfeasance in a planning decision giving a competitor consent to development. He said the mayor had deceived the planning committee as to the need to consider the two applications together.
Held: The requirements for proof of tort of misfeasance were set out in Three Rivers and Bourgoin. The claimant here could not establish evidence of malice in the required way and the claim should be struck out.
[1998] EWCA Civ 173
England and Wales
CitedBourgoin 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 . .
CitedThree Rivers District Council v Bank of England QBD 22-Apr-1996
In an allegation of misfeasance in public office, a complainant who says he has been affected by the alleged misfeasance, has sufficient locus standi to claim. Parliamentary materials are admissible to discover purpose of an Act, and not just in . .
CitedSmith v Swansea City Council HL 1990
When considering the deliverations of a committee, if a majority of those who took the decision were malicious in the relevant sense, that would make the decision itself malicious. . .
CitedCalveley v Chief Constable of the Merseyside Police HL 1989
Police officers brought an action in negligence against a Chief Constable on the ground that disciplinary proceedings against them had been negligently conducted. They claimed that the investigating officers had negligently failed to conduct the . .
CitedJones v Swansea City Council HL 2-Jan-1990
The case concerned the reversal at a council meeting of a decision taken under different political control. The principal complaint centred on two councillors but it was that all 28 members of that Labour group who took part in that decision had . .
CitedJones 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 by:
CitedThree 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 . .

Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.143651