Misfeasance in public office

From Wikipedia, the free encyclopedia

Misfeasance in public office is a cause of action in the civil courts of England and Wales. It is an action against the holder of a public office, alleging in essence that the office-holder has misused or abused his power.

[edit] Grounds

In most cases, the essentials to bring an action of misfeasance in public office are that the office-holder acted illegally, knew he was doing so, and knew or should reasonably have known that third parties would suffer loss as a result.

[edit] BCCI

As a civil law action, the use of misfeasance of public office has grown in recent years, the law having been clarified in the litigation involving the collapse of the Bank of Credit and Commerce International.

[edit] Railtrack

Its most recent high-profile use was in the largest class action ever brought in the English courts, when 49,500 private shareholders of Britain's national railway infrastructure company Railtrack sued the Secretary of State for Transport for damages, alleging that in October 2001 the then holder of that office - Stephen Byers MP - had acted unlawfully in planning to put their company into administration on the grounds that it was insolvent. The legal action failed because - as an action involving reflective loss - the shareholders had to prove - in addition to the grounds specified above - malice on the part of Byers. They did not have the evidence to do so.