Watkins v Secretary Of State For Home Department & Ors

Watkins v Secretary Of State For Home Department & Ors

Where a public officer, acting in bad faith or recklessly, infringes a constitutional right such as access to the courts, the tort of misfeasance in public office is actionable per se and entitles the claimant to nominal damages without proof of special damage. The trial judge erred in holding otherwise. The question of exemplary damages is to be remitted for further consideration.

Parties
Claimant/appellant: Jeffrey Shane Watkins; Defendants/respondents: Secretary of State for the Home Department and others
Jurisdiction
England and Wales
Judgment Date
20 July 2004
Procedural Posture
Civil Appeal / Appeal From Leeds County Court
Outcome
Appeal allowed
Legal Topics
Misfeasance in Public Office, Nominal Damages, Exemplary Damages, Constitutional Rights, Access to Courts
Tort Law Constitutional Law Prison Law Misfeasance in Public Office Nominal Damages Exemplary Damages Constitutional Rights Access to Courts

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Parties

Jeffrey Shane Watkins

Claimant/appellant

Secretary of State for the Home Department and others

Defendants/respondents

Procedural Posture

Civil Appeal / Appeal From Leeds County Court

Legal Issues

  1. 1 Is proof of damage a necessary ingredient of the tort of misfeasance in public office?
  2. 2 Does the infringement of a constitutional right by a public officer entitle the claimant to nominal damages without proof of special damage?
  3. 3 Are exemplary damages available in cases of misfeasance in public office where only nominal damages are awarded?

Ratio Decidendi

Where a public officer, acting in bad faith or recklessly, infringes a constitutional right such as access to the courts, the tort of misfeasance in public office is actionable per se and entitles the claimant to nominal damages without proof of special damage. The trial judge erred in holding otherwise. The question of exemplary damages is to be remitted for further consideration.

Court Disposition

Appeal allowed

Orders

  • Nominal damages of £5 awarded against each of the three prison officers found to have acted in bad faith or recklessly.
  • Case remitted to the trial judge to determine whether to make an award of exemplary damages against any of the three officers, and if so, the amount.