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 and others (minors) v Bedfordshire County Council [1995] 3 All ER 353 (HL).
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]
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For an action for breach of statutory duty to succeed:
It is possible for a public authority to be liable in the law of negligence. There can be no liability here for mere carelessness performance of a statutory duty or power in the absence of any other common law right of action.
Misfeasance in public office is considered to be a special kind of public law tort. It occurs when there is a malicious or deliberate exercise or non-exercise of a statutory or common law power by an official which causes loss to a plaintiff which has been foreseen.[4]
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