Abstract
The protection offered to individuals by remedies in public law and tort law is developing in all jurisdictions. The past few years have witnessed an increasingly important European dimension to the tort liability of public authorities. European Union law and European Human Rights law have added to the constitutional protection of tort claims against public authorities already established as a matter of domestic law in many European countries.
Highlights
The protectionofferedto individualsby remediesin publiclaw andtortlaw is developing in all jurisdictions.The past few yearshave witnessed an increasingly importantEuropeandimensionto the tortliability of public authorities
EuropeanUnion law and EuropeanHuman Rights law have added to the constitutionalprotectionof tortclaims againstpublicauthoritiesalreadyestablished as a matterof domestic law in manyEuropeancountries
In this setting,English,French,andItaliancourtshave dealtwith the liability of bankingregulatorsfor lack of supervisionof banks.,therehas been parallellitigationbeforethe EnglishandFrenchcourtsconcerningliability of the respective regulators for the failure of the Bank of Credit and CommerceInternational('BCCI'). In this articleit is arguedthatthe expansionof tortliabilityfor misfeasance in public office in the House of Lords' recent decisions in Three Rivers District Council v Bank of England1may contributeto resolving possible conflicts with the EuropeanConventionof HumanRights
Summary
The protectionofferedto individualsby remediesin publiclaw andtortlaw is developing in all jurisdictions.The past few yearshave witnessed an increasingly importantEuropeandimensionto the tortliability of public authorities. EuropeanUnion law and EuropeanHuman Rights law have added to the constitutionalprotectionof tortclaims againstpublicauthoritiesalreadyestablished as a matterof domestic law in manyEuropeancountries In this setting,English,French,andItaliancourtshave dealtwith the liability of bankingregulatorsfor lack of supervisionof banks.,therehas been parallellitigationbeforethe EnglishandFrenchcourtsconcerningliability of the respective regulators for the failure of the Bank of Credit and CommerceInternational('BCCI'). In this articleit is arguedthatthe expansionof tortliabilityfor misfeasance in public office in the House of Lords' recent decisions in Three Rivers District Council v Bank of England1may contributeto resolving possible conflicts with the EuropeanConventionof HumanRights. Internationaland ComparativeLaw Quarterly broaderimplicationof misfeasancein public office and its role in relationto English negligence liability
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