State Liability in Tort
A Comparative Law Study
Duncan Fairgrieve
Price: £85.00 (hardback)
ISBN-13: 978-0-19-925805-5
Publication date: 13 March 2003
408 pages, 234x156 mm
A sample of this book is available in PDF format
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| Reviews |
| - 'In this valuable comparative study of French and English law, Fairgrieve navigates this turbulent area adroitly.' - 15/09/2004
- 'Fairgrieve's comprehensive study will be of value to anyone studying the question of tort liability of public or statutory bodies. His analysis is close and careful.' - Law Quarterly Review
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| Description | | - The only up-to-date in-depth analysis of recent case law developments, including Osman and Z v. UK in the area of tort liability of the state in English law
- Examines and assesses the increasing impact of human rights law and community law on public authority liability
- Original comparison of English and French law which challenges traditional doctrinal assumptions
| | This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to public bodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well
as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision of the European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law
remedies, with a detailed reconsideration of the relationship between ultra vires and liability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, and underlying policy
concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme. |
Readership: Academics, students and practitioners in the fields of comparative public law, tort law, human rights law, administrative law, social welfare, personal injury, and family law.
| Contents |
1.
General Introduction
2.
Overview of State Liability in English and French Law
3.
Public Law Unlawfulness and Liability in Damages
4.
Beyond Illegality: Liability for Fault in English and French Law
5.
Lawfully Caused Loss
6.
Assessing the Causal Link
7.
Damage and Compensation
8.
Alternative Means of Redress
9.
General Conclusion
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| Authors, editors,
and contributors |
Duncan Fairgrieve, Fellow in Comparative Law at the Engelhorn Centre, British Institute of International and Comparative Law
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