header-logo header-logo

27 February 2026 / Nicholas Dobson
Issue: 8151 / Categories: Features , Tort , Liability , Public
printer mail-detail

Ain’t misbehavin’?

243395
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mark Hastings, Quillon Law

NLJ Career Profile: Mark Hastings, Quillon Law

Mark Hastings, founding partner of Quillon Law, on turning dreams into reality and pushing back on preconceptions about partnership

Kingsley Napley—Silvia Devecchi

Kingsley Napley—Silvia Devecchi

New family law partner for Italian and international clients appointed

Mishcon de Reya—Susannah Kintish

Mishcon de Reya—Susannah Kintish

Firm elects new chair of tier 1 ranked employment department

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll