Towards a Public Law of Tort

The current system of public authority liability works by applying private law torts to public authorities. Controversially, this book argues that this approach is inadequate and proposes an alternative system.The work presents a timely and innovative perspective on this important area of law. The text provides a novel approach to the theoretical basis of public authority liability. It also illustrates the practical limitations of applying private law torts to public authorities. Finally, the volume explains how a system of liability appropriate to public authorities could be created on the basis of principles already present in existing law, drawing on already accepted principles of liability derived from EC and ECHR law.Supported by Commonwealth case law, this volume provides a much needed alternative perspective on the current system and will be of interest to those working in public and tort law. "This book presents a new approach to the problem of public liability. It does this by providing a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These are used as a criterion by means of which to judge the current law and, this having been found wanting, as a guide to reform. The book argues that such reform could be brought about by judicial development of the law and explains how this might be achieved." "In the course of the argument both the procedural and the substantive divides between public and private law are considered and the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act is explained." The book will be of interest to scholars and practitioners of both tort and public law and its argument, while focusing on English law, is also relevant to other Commonwealth countries. Presenting a new approach to the problem of public authority liability, this volume provides a theoretical foundation in the form of principles of administrative liability that are both normatively sound and consonant with other recognized legal principles. These principles are used as criteria by which to judge the current law and as a guide to reform. Such reform could be brought about by judicial development of the law, and this volume explains how. It considers both the procedural and the substantive divides between public and private law and explains the proposed solution's relation to the forms of public authority liability already present under European Community law and the Human Rights Act. Focusing in particular on UK law, the book is also relevant to other Commonwealth countries and will be of interest to scholars and practitioners of both tort and public law. Dicey's equality principle and the state Principle I Cohen and smith's theory of entitlement Principle II The reach of public law The distinctiveness of public law The nature of public law duties elaborated Implementing principle II Principle I and the stable and the volatile parts of tort law Principle I and the case law on negligence Implementing the public approach to negligence Outstanding issues.