Misfeasance in Public Office

What is Misfeasance in Public Office in Tort Law?

Quick Definition

Misfeasance in public office is an intentional tort committed when a public officer abuses their position to cause harm to an individual. It requires bad faith or knowing unlawful conduct, rather than mere negligence. The core idea is that public power must not be used oppressively or dishonestly.

In Context

This tort typically arises where a public official knowingly acts beyond their powers or uses their authority for an improper purpose, causing loss to the claimant. It is not enough that the decision was wrong or careless; there must be either targeted malice or knowledge that the act is unlawful and likely to cause harm. In Three Rivers District Council v Bank of England (No 3) (2000), the House of Lords clarified that the claimant must prove bad faith or recklessness as to unlawfulness and harm, setting a high threshold for liability. The tort is often pleaded against government departments, regulators, or local authorities where administrative decisions result in financial or reputational damage. Unlike judicial review, which focuses on legality and remedies like quashing decisions, misfeasance allows claimants to seek damages. However, courts remain cautious to avoid turning public administration disputes into broad compensation claims, so proof of deliberate abuse of power is essential.

See Also

• Judicial Review

• Negligence

• Public Law

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