The claimant taxi driver complained of misfeasance in public office in the way the defendant had responded to the several calls for assistance made by him to the police.
Held: His appeal against the striking out failed. The damages pleaded were nominal at best and did not justify the expense of a trial. Transient physical symptoms caused by anxiety or stress did not amount either to psychiatric or physical injury and were insufficient to constitute material damage, an essential ingredient of the tort of misfeasance in public office. The claimant had other and more appropriate remedies.
Sir Anthony Clarke, Master of the Rolls, Lord Justice Maurice Kay and Lord Justice Stanley Burnton
[2008] EWCA Civ 1205
Bailii, Times
England and Wales
Citing:
Cited – McLoughlin v O’Brian HL 6-May-1982
The plaintiff was the mother of a child who died in an horrific accident, in which her husband and two other children were also injured. She was at home at the time of the accident, but went to the hospital immediately when she had heard what had . .
Cited – Watkins v Home Office and others HL 29-Mar-2006
The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was . .
Lists of cited by and citing cases may be incomplete.
Torts – Other, Police
Updated: 10 November 2021; Ref: scu.277383