Actions Against Public Officials: Legitimate Expectations, Misstatements and Misconduct
By: Richard Moules (author)Hardback
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This book provides a comprehensive guide to the liability of public officials for their advice, statements and representations in the United Kingdom. Actions Against Public Officials will help practitioners decide the most appropriate cause of action against a public body and how to defend a claim. It explains what legal consequences flow from what an authority has said or written, examines liability relating to legitimate expectations, negligent misstatements, restitution or misfeasance in public office, and advises on when an authority can be sued and the most appropriate forum (court, ombudsman, standards board etc.). The entire range of causes of action are covered - public and private law - helping practitioners decide which will suit their client's needs best. Non-legal redress via ombudsman procedures and the Model Code of Conduct is considered and tactical options are offered for the causes of action to use when several are applicable. This book draws together the complex mix of administrative law, tort, EU law, human rights and non-legal redress in this area. Claimant and defendant checklists are provided at the end of each chapter summarising the conditions for establishing liability or defeating a claim. Case law and statutory material governing each cause of action are set out in detail, and underlying legal principles are identified, helping practitioners argue cases not yet directly covered by authority. Contents The Nature of Legitimate Expectations and Key Concepts. Substantive Expectations - intra vires representations. Substantive Expectations - ultra vires. Procedural Expectations. Legitimate Expectations in EC Law. Legitimate Expectations and the European Convention on Human Rights. Negligent Misstatements. Restitution. Misfeasance in Public Office. Ombudsman Procedures. Jurisdiction: UK
Introduction. Public law: Legitimate Expectations in Domestic Law; Legitimate Expectations in EU Law; Local Government Code of Conduct. Private law: Misfeasance in Public Office; Negligent Misstatements; Defamation; Restitution. Alternative modes of redress: Mediation, Settlement and Ex Gratia Payments; Public Sector Ombudsmen.
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- ID: 9781847036353
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