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 been activated by malice.
Held: Reversed on facts only. The House suggested a ‘substantial influence’ test – requiring that the purpose be material but not necessarily a relatively major reason for the impugned decision. Lord Lowry said: ‘Having regard to Dunlop v Woollahra Municipal Council [1982] AC 158 and the cases mentioned in Wade, Administrative Law, 6th Ed (1988), p.777, I apprehend that a local authority can be sued for misfeasance in a public office.’
Lord Lowry, Lord Griffiths, Lord Ackner and Lord Oliver of Aylmerton
[1990] 1 WLR 1453
England and Wales
Citing:
Appeal from – 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 by:
Appealed to – 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 – 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 – 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 . .
Lists of cited by and citing cases may be incomplete.
Torts – Other
Updated: 20 December 2021; Ref: scu.194969