In a number of important decisions such as Stovin V. Wise, X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issues 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 analyzes five leading English cases in a comparative and economic way and...
In a number of important decisions such as Stovin V. Wise, X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts hav...