The Tortious Liability of Statutory Bodies: A Comparative and Economic Analysis of Five Cases

Description

In a number of important decisions such as "Stovin v. Wise", "X v. Bedfordshire", "Barrett v. Enfield London Borough Council" and others, English courts have been forced to contend with the important issue of tortious liability of statutory bodies. Following the "Hill" decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations. This study analyses five leading English cases in a comparative and economic way, and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasbourg Court of Human Rights in "Osman v. UK". This book should be useful to scholars and practitioners interested in public law, human rights, comparative methodology and tort law.

Sir Basil Markesinis,KC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I (Sorbonne) and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin. Jean-Bernard Auby is Ordinarius Professor at the University of Paris II (Pantheon-Assas), Faculte de droit et des Sciences Economiques. Dagmar Coester-Waltjen is Ordinarius Professor of Comparative Law at the Ludwig-Maxmillians University of Munich and Director of the University's Institute of International and Foreign Law. Simon Deakin is Robert Monks Professor of Corporate Governance and Fellow of Peterhouse at the University of Cambridge.

Le sujet, d'une grande importance pratique presente egalement un vif interet theofique; il a meme conduit les auteurs a s'interroger sur la compatibilite - ou plutot l'incompatibilite - de ces decisions anglaises avec le Human Rights Act. -- Benedicte Fauvarque-Cosson * Revue Internationale de droit Compare * Our judges would do well to read this illuminating study, and take to heart the words of Lord Bingham, the only English judge who would have allowed the Newham case to go ahead. It would require very potent considerations of public policy to override the rule of public policy which has first claim on the loyalty of law: that wrongs should be remedied. -- Clare Dyer * The Guardian *