Civil Liability and Public Authorities

This work, dealing with financial claims against government, is set against the background of recent developments in the European Community.

It covers in detail the rules governing the civil liability of public bodies, under both domestic law and the law of the EC.

As well as discussing general principles, the book also offers chapters devoted to public procurement; employment and the Crown Service; negligence claims against public bodies; compensation for breach of public duties; special government torts; liability under Community law; restitutory claims against government; and Crown proceedings.

With regard to recent developments, the author also discusses the decisions of the European Court in Francovich and Factorame.

The general principles of Community law are analyzed and their application to all types of liability claim discussed with reference to the decision in Hazell versus Hammersmith, and the restitutionary and contractual problems which it raises.

The 1991 regulations governing the award of public works and supply contracts, and the special rules on procurement applying to Local Authorities are examined. Recent cases in the negligence liability of public bodies and on the tort of misfeasance in public office are assessed.

The decision in Woolwich versus IRC, concerning liability in restitution and the Law Commissions's 1991 paper on this topic are also considered.