Administrative liability in English law information
Administrative liability in English law is an area of law concerning the tortious liability of public bodies in English law. The existence of private law tort applying to public bodies is a result of Diceyan constitutional theory suggesting that it would be unfair if a separate system of liability existing for government and officials. Therefore, a public body which acts ultra vires is liable in tort is a cause of action can be established just like any individual would be.[1] An ultra vires action will not, per se, give rise to damages[2] Therefore, a claimant will have to fit into one of the recognised private law courses of action. These areas in which a public body can incur private liability in tort were described by Lord Browne Wilkinson in X v Bedfordshire County Council [1995] 3 All ER 353 (HL).
1. Breach of a statutory duty
2. An action for breach of a common law duty of care
3. Misfeasance in public office
It is not enough that there is a careless performance of a statutory duty in the absence of any other common law right of action.[3]
^Craig, Paul (14 August 2008). Administrative Law (6th ed.). Sweet & Maxwell. p. 957. ISBN 978-1847032836.
^X (MINORS) V BEDFORDSHIRE COUNTY COUNCIL; M (A MINOR) AND ANOTHER V NEWHAM LONDON BOROUGH COUNCIL; ETC; HL, 29 June 1995
^Craig, Paul (14 August 2008). Administrative Law (6th ed.). Sweet & Maxwell. p. 958. ISBN 978-1847032836.
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