Part III Choice of Law, 7 Law Governing the Tortious Liability of UK Government Officials

Subject(s):

Applicable law — Tort/delict

Chapter 7 highlights the English courts that have adopted different approaches to determining the law applicable to the issue of conditions for imposing tortious liability on UK government officials, which includes the application of English law, foreign law, and transnational law. It looks at the tortious liability of UK government officials and discusses the law applicable to the tortious liability of UK government officials acting as primary tortfeasors and as participants in another person’s wrongful conduct. It also examines the conflicts with the rhetoric of English courts that usually state that the foreign lex loci delicti applies to tortious claims arising out of the external exercise of British executive authority. The chapter reviews the relationship between private and public law, domestic and foreign law, and national and international law. It covers cases that indicate how the real bone of contention has often been the assessment of lawfulness of a relevant conduct.