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27 February 2026 / Nicholas Dobson
Issue: 8151 / Categories: Features , Tort , Liability , Public
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Ain’t misbehavin’?

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A recent case has provided a timely reminder of the key ingredients of the tort of misfeasance in public office: Nicholas Dobson reports
  • This article outlines the elements of the tort of misfeasance in public office, which the claimants failed to meet in Whiteway-Wilkinson and others v Revenue and Customs Commissioners.

Although Fats Waller sang that he ‘Ain’t misbehavin’, even if he had been, he wasn’t a public officer, and it was obvious from the song’s romantic context that there was no question of legal liability. However, for public authorities it may not always be so straightforward. For, depending upon the circumstances, misfeasance (the improper performance of a lawful act) by public bodies may, if it results in actionable damage, constitute the tort of misfeasance in public office (MPO). This is important for such organisations, for authorities always need to ascertain that their decisions are lawful, reasonable, consistent with fiduciary duty and taken for a proper, lawful public purpose. An intentional abuse of power, accompanied by subjective bad faith, causing claimant

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

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Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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