The tort of misfeasance in public office is not separated into two distinct limbs. In each case the Plaintiff must show a deliberate and dishonest abuse of his position by a public official aware of the loss that will follow or reckless as to such a result. The court related ‘a rather rigid distinction between the two supposed limbs of the tort’ and observed that there was ‘the need to establish deliberate and dishonest abuse of power in every case.’ and ‘In view of the stringent requirements of the tort of misfeasance in public office, the more appropriate question may be: Is it reasonably arguable that the Bank at any stage made an unlawful and dishonest decision knowing at the time that it would cause loss to the plaintiffs? To that question, in the light of our analysis of the evidence, the answer is plainly ‘No’.’
Hirst and Robert Walker LJJ
Times 10-Dec-1998, [2000] 2 WLR 15
England and Wales
Citing:
Appeal from – Three 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 . .
See also – Three Rivers District Council and others v Bank of England CA 2-Oct-1997
Summary of joint judgment. . .
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 by:
Appeal from – 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 . .
See also – Three Rivers District Council and others v Bank of England CA 2-Oct-1997
Summary of joint judgment. . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 October 2021; Ref: scu.89889
