Public Authority Liability in the United Kingdom

Abstract

Abstract Although the UK has not what would be recognized by other legal systems as a general principle of damages liability concerning public authorities, there is no general shield of immunity for them. Nor is there a separate, or dedicated, system of courts that deals with administrative liability. Finally, there is no such thing as a codification of administrative procedure. However, the rules of administrative procedure can be found not only in common law (the rules of ‘natural justice’ or ‘fairness’, i.e. the rule against bias and audi alteram partem) and in statute law, but also in external sources, such as the European Convention on Human Rights, in particular, in Article 6. The latter has obviously influenced case law under the Human Rights Act, notably through the requirement that UK courts take into account the jurisprudence of the European Court of Human Rights. Considered as a whole, these sources set out standards of procedural fairness and propriety which must be respected by public authorities.