Extending the liability of the state in damages

Abstract

It is still the case in English law that invalid administrative action alone gives rise to no claim for damages. Individuals suffering loss as a result of invalid administrative action may remain uncompensated unless they have a private law remedy against the public body such as a claim in tort or contract. Notwithstanding this prohibition, the passage of the Human Rights Act 1998 and developments in Community damages law have greatly increased the liability of public bodies in damages. However, the extension of liability in these areas raises questions as to whether it is satisfactory or even possible for the prohibition on damages for invalid administrative action to be maintained given the anomalies that have and will be created. Statutory reform, drawing on Community law, the Human Rights Act and jurisprudence of the European Court of Human Rights, may go some way towards resolving existing anomalies and providing individuals with an adequate, alternative means of obtaining redress.