Misfearance in Public Office

by Non Deficere Thu May 09, 2019 12:37 pm

https://webcache.googleusercontent.com/search?q=cache:UQZkR2JzfwEJ:https://adminlaw.org.uk/wp-content/uploads/Duncan-Fairgrieve-31-January-2007.doc+&cd=1&hl=en&ct=clnk&gl=uk&client=firefox-b-d

Introduction

Misfeasance in public office is the only specifically ‘public law’ tort,[1] and provides a remedy for citizens who have suffered loss due to the abuse of power by a public officer acting in bad faith. The cause of action has an ancient, albeit chequered, history and can be traced back to the well-known election cases in the 18th century, in particular Ashby v White.[2] Other cases followed,[3] and by 1828, Best CJ was able to state that:

Now I take it to be perfectly clear, that if a public officer abuses his office, either by an act of omission or commission, and the consequence of that is an injury to an individual, an action may be maintained against such public officer. The instances of this are so numerous, that it would be a waste of time to refer to them.[4]

by Brutus Fri Jun 14, 2019 3:11 am

Unfortunately, this defence is a weak one as it is difficult to prove.
It involves motivation from the perpetrator as the opposite of blunder.
It may be more often, the preserve of collective action rather than a one to one counterclaim.
I often thought about it when I was on JSA but it is the difficulties of involving others, that made me hesitate.
Basically one would like to avoid trying it out, fail and give the miscreant a sort of futureproof rightful "legal background".
One of the problems is that the Unions present in the JCP and the benefits bureaucracy will nearly always support the guilty party out of an outdated and misconceived working ethic.
There are, of course, many cases and I am sure that it will be suitable cases where some kind of legally assisted prosecution may be advisable.

Misfearance in Public Office

Misfearance in Public Office

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