The Tortious Liability of Statutory Bodies: A Comparative and Economic Analysis of Five Cases - Hardcover

Basil S Markesinis; Jean-Bernard Auby; Dagmar Coester-Waltjen; Simon Deakin

Hardcover

ISBN 10: 1841131245 ISBN 13: 9781841131245

Publisher: Hart Publishing, 1999

Synopsis

In a number of important decisions such as Stovin v. Wise,X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issue of tortious liability of statutory bodies. Following the Hill decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations.

This study analyses five leading English cases in a comparative and economic way and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasbourg Court of Human Rights in Osman v. UK.

This thought-provoking book, written by two English academics from Oxford and Cambridge Universities, in collaboration with two leading authorities from the Universities of Paris and Munich, should provide food for thought for judges, practitioners, academics and students for years to come. This book will be essential reading for scholars and practitioners interested in public law, human rights, comparative methodology, and tort law.

About this title

About the Author

Sir Basil Markesinis,KC, LL.D. (Cantab.) DCL (Oxon) D. Iur h.c. (Ghent, Paris I (Sorbonne) and Munich), is Professor of Common and Civil Law at University College London and Jamail Regents Chair at the University of Texas at Austin.

Jean-Bernard Auby is Ordinarius Professor at the University of Paris II (Panthéon-Assas), Faculté de droit et des Sciences Economiques.

Dagmar Coester-Waltjen is Ordinarius Professor of Comparative Law at the Ludwig-Maxmillians University of Munich and Director of the University’s Institute of International and Foreign Law.

Simon Deakin is Robert Monks Professor of Corporate Governance and Fellow of Peterhouse at the University of Cambridge.

Edition details

• Publisher: Hart Publishing
• Publication date: 1999
• Language: English
• ISBN 10: 1841131245
• ISBN 13: 9781841131245
• Binding: Hardcover
• Edition number: 1
• Number of pages: 184