Misfeasance in a public office
13 Feb 2014
Curran v Chief Constable of Humberside Police (Kingston Upon Hull County Court) (2014) is one of very few recent misfeasance in a public office cases which has proceeded to trial.
The trial judge gave a clear exposition of the elements of the tort and of an interesting issue in relation to material damage (to our knowledge this issue has not been adjudicated on but may be case specific). There is also a very informative narrative of a judge’s approach to the assessment of witness evidence. The case decided liability in the Claimant’s favour. Quantum matters were thereafter resolved by negotiation.