Misfeasance in public office

Watkins v Secretary of State for the Home Department and others HL TLR 3 April

The claimant was a convicted prisoner serving a sentence of imprisonment for life, who was engaged in a number of legal proceedings giving rise to correspondence with legal advisers, courts and other bodies. The confidentiality of the claimant’s legal correspondence was protected by the prison rules and a standing order provided for envelopes containing legal correspondence to be marked as such. Fourteen envelopes so marked had been opened by prison officers against whom the claimant sought damages for misfeasance in public office. The judge found that 11 of the officers who had wrongfully interfered with the claimant’s correspondence had not done so in bad faith, which is an essential ingredient of the tort. However, in respect of three of the officers, the judge found bad faith to be established. Nevertheless, he dismissed the claimant’s claims on the grounds that he had failed to prove any financial loss or physical or mental injury of any kind. Indeed, he appeared to have relished the situation. The Court of Appeal unanimously allowed an appeal on the grounds that if there were a right, which might be identified as a constitutional right, then there could be an action of misfeasance in public office for infringement of that right without proof of damage, and that there had been interference with the claimant’s constitutional right to have an impeded access to the courts and to legal advice. The court awarded the claimant £5 nominal damages against each of the three officers and remitted the claims to the county court for consideration whether exempted damages should be awarded.