Public Law

What is Public Law in Tort Law?

Quick Definition

Public law governs the relationship between individuals and the state, including how public bodies exercise their powers. It focuses on legality, fairness, and constitutional principles rather than private disputes between individuals. While distinct from tort law, it often overlaps where unlawful state action causes harm.

In Context

Public law becomes relevant in situations where government bodies, local authorities, or regulators act in a way that affects individuals’ rights or interests. Challenges to such actions are usually brought through judicial review rather than tort claims, focusing on whether the decision was lawful and within the body’s powers. For example, if a local authority unlawfully refuses a licence or acts beyond its statutory authority, the remedy is typically a public law one such as quashing the decision rather than damages. However, there are points of overlap with tort law, particularly in claims like misfeasance in public office or negligence by public authorities, where compensation for loss may be sought. Courts are often careful to avoid turning public law disputes into compensation-based tort claims unless a recognised duty of care exists, as seen in X (Minors) v Bedfordshire County Council (1995), where policy considerations limited negligence liability. Public law therefore acts as a structural control mechanism over state power, while tort law focuses more on compensating individual harm.

See Also

• Judicial Review

• Misfeasance in Public Office

• Negligence

Learn More

Explore our Tort Law Notes for deeper case law, examples, and revision tips.