Whitelegg v Richards: 1823

A debtor had been imprisoned to coerce him to pay his debt to the plaintiff. The defendant, a court clerk, ordered him to be released. The plaintiff said this was ‘wrongfully and maliciously intending to injure the plaintiff’. Abbott CJ recorded: ‘On the argument before us, some authorities were quoted to shew, that an action upon the case may be maintained against an officer of a Court for a falsity or misconduct in his office, whereby a party sustains a special damage; and that, in this case, a damage was plainly shewn by the loss of the means of enforcing payment from the debtor, as in actions against sheriffs or gaolers for an escape. It is not necessary to repeat the authorities quoted. The general principle was not contraverted’. Damage was regarded as the gist of the action.

Judges:

Abbott CJ

Citations:

(1823) 2 B and C 45

Jurisdiction:

England and Wales

Cited by:

CitedWatkins 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, Damages

Updated: 09 December 2022; Ref: scu.239995