This chapter examines the nature and operation of the liability of public authorities, with particular emphasis on the tensions between the equality principle, a concern that authorities ought to be specially protected, and a concern that authorities ought to be subject to wider and more onerous obligations. The chapter first considers the relationship of public authority liability with judicial review and goes on to discuss the law of torts, especially the tort of negligence and what circumstances courts ought to impose negligence liability on public authorities for harm caused through exercises of statutory discretion. It then explores negligence liability in relation to omissions, human rights, and misfeasance in public office. It also reviews damages under the Human Rights Act 1998, contracts, restitution, and state liability in European Union law.
Chapter
Sir William Wade and Christopher Forsyth
This chapter discusses the liability of public authorities. Topics covered include categories of liability; liability under EU law; liability for breach of human rights; liability for the tort of negligence; strict liability; breach of statutory duty; misfeasance in public office; statement of general principles of liability; immunities and time limits for actions in tort; liability in contract; liability to make restitution; and liability to pay compensation where there has been no tort or breach of contract.
Chapter
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the liability of public authorities. Topics covered include categories of liability; liability for breach of human rights; liability for the tort of negligence; strict liability; breach of statutory duty; misfeasance in public office; statement of general principles of liability; immunities and time limits for actions in tort; liability in contract; liability to make restitution; and liability to pay compensation where there has been no tort or breach of contract.
Chapter
A claim for damages for loss caused by a public authority gives a court the opportunity to do justice for the claimant and also to impose the rule of law on the administration. The challenge is to do both without interfering inappropriately in the administrative pursuit of public goods, and without creating public compensation funds that only a legislature can legitimately create. It is an important constitutional principle that liabilities in the law of tort apply to public authorities, just as to private parties. But there is no general liability to compensate for public action that was unlawful; the impugned conduct must meet the standard requirements of the tort liability of private parties, with the exception of the one public tort: misfeasance in a public office. This chapter discusses trespass to property, statutory liabilities, negligence, misfeasance in public office, and damages under the Human Rights Act 1998.
Chapter
Sir William Wade and Christopher Forsyth
This chapter discusses the liability of the Crown itself. ‘The Crown’ refers to the sovereign acting in a public or official capacity. The passage of the Crown Proceedings Act 1947 placed the Crown, in principle, in the position of an ordinary employer and of an ordinary litigant. The law as it now stands under the Act may be divided under four headings: tort, contract, remedies and procedure, and statutes affecting the Crown.
Chapter
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the liability of the Crown itself. ‘The Crown’ refers to the sovereign acting in a public or official capacity. The passage of the Crown Proceedings Act 1947 placed the Crown, in principle, in the position of an ordinary employer and of an ordinary litigant. The law as it now stands under the Act may be divided under four headings: tort, contract, remedies and procedure and statutes affecting the Crown.
Chapter
This chapter considers the tort liability of public authorities. After setting out the scope of the principal torts, the discussion concentrates on case law on public authority liability in negligence and for breach of statutory duty. The chapter features in depth discussion and analysis of the main court decisions including: Anns v Merton London Borough Council, X v Bedfordshire County Council, Stovin v Wise, Barrett v Enfield LBC, Phelps v Hillingdon LBC, Hill v Chief Constable of Yorkshire, O’Rourke v Camden LBC, and Cullen v Chief Constable of the Royal Ulster Constabulary. The discussion demonstrates how judicial policy has ebbed and flowed between an approach that at least partially shields public authorities from exposure to liability, and a more consumer friendly approach to awards of damages. It notes the influence of the ECHR in this field and also notes some proposals for changes to the guiding legal principles.
Book
Peter Leyland and Gordon Anthony
The eighth edition of Textbook on Administrative Law has been revised and updated to provide a concise and topical account of this fast-moving area of law. The guiding theme of this textbook is how accountability is achieved through a ‘grievance chain’ comprising Parliament, informal methods of dispute resolution, ombudsmen, tribunals, and, particularly, the courts through judicial review. This edition explores the core areas of the subject and sets them in a contextual framework. The chapters start by looking at European Union and administrative law. The following chapters consider human rights, the modern administrative state, the ombudsman principle, tribunals, and informal dispute resolution. The chapters at the heart of the book focus on aspects of judicial review with chapters on illegality, Wednesbury unreasonableness, procedural impropriety, equality, legitimate expectation, and remedies available under the judicial review procedure. The penultimate chapters discuss the ability of public authorities to enter into contracts and their liability in tort. Looking to the future the concluding chapter provides an evaluation of the latest developments in administrative law.
