In a number of important decisions such as Stovin v. Wise, X v.
Bedforshire, 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.
General
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