In this valuable comparative study of French and English law, Fairgrieve navigates this turbulent area adroitly.

The Cambridge Law Journal15/09/2004

Fairgrieve's comprehensive study will be of value to anyone studying the question of tort liability of public or statutory bodies. His analysis is close and careful.

Law Quarterly Review

This book examines the topical sphere of governmental liability in damages arguing that that there has been an important shift in the traditional English law approach as illustrated in a series of recent House of Lords decisions. A detailed analysis is made of the torts applying to public bodies, including negligence, misfeasance in public office, nuisance and breach of statutory duty, as well as the influence of European human rights law and community law, with discussion of the availability of damages under the Human Rights Act 1998 and the impact of the controversial decision of the European Court of Human Rights in Osman v UK and the subsequent retreat in Z v UK. The discussion of state liability is also placed within the context of the evolving attitude of the courts to public law remedies, with a detailed reconsideration of the relationship between ultra vires and liability in damages. From a comparative law perspective, it is argued that contrary to orthodox doctrinal opinion there are many similarities in the English and French law of administrative liability, with parallels in the treatment of different types of loss, causation, finding of fault, and underlying policy concerns. The author discusses the direction in which English law might now move, as well as analysing less orthodox sources of compensation such as the practice of the ombudsmen and statutory funds including the new French medical negligence compensation scheme.
Les mer
This book examines financial compensation for wrongs committed by public bodies including medical negligence, educational errors, child abuse by local authority carers, and police misconduct. Recent English cases are analysed and compared with European decisions. Explanation is given of ways of gaining compensation outside the courts.
Les mer
1. General Introduction ; 2. Overview of State Liability in English and French Law ; 3. Public Law Unlawfulness and Liability in Damages ; 4. Beyond Illegality: Liability for Fault in English and French Law ; 5. Lawfully Caused Loss ; 6. Assessing the Causal Link ; 7. Damage and Compensation ; 8. Alternative Means of Redress ; 9. General Conclusion
Les mer
...hugely informative and stimulating study
The only up-to-date in-depth analysis of recent case law developments, including Osman and Z v. UK in the area of tort liability of the state in English law Examines and assesses the increasing impact of human rights law and community law on public authority liability Original comparison of English and French law which challenges traditional doctrinal assumptions
Les mer
Duncan Fairgrieve is at the Université de Paris II, since 2002 he has been a visiting academic at the Università degli studi di Torino, Italy
The only up-to-date in-depth analysis of recent case law developments, including Osman and Z v. UK in the area of tort liability of the state in English law Examines and assesses the increasing impact of human rights law and community law on public authority liability Original comparison of English and French law which challenges traditional doctrinal assumptions
Les mer

Produktdetaljer

ISBN
9780199258055
Publisert
2003
Utgiver
Vendor
Oxford University Press
Vekt
726 gr
Høyde
242 mm
Bredde
163 mm
Dybde
27 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
404

Forfatter

Biographical note

Duncan Fairgrieve is at the Université de Paris II, since 2002 he has been a visiting academic at the Università degli studi di Torino, Italy