LISTED BUILDINGS, BAD FAITH AND MISFEASANCE IN PUBLIC OFFICE

Greville v Sprake (Court of Appeal; unreported, 15 February 2001)

To succeed in a claim for misfeasance in public office, the claimant must show bad faith. Mere reckless indifference on the part of a public servant as to the unlawfulness of the conduct in question does not suffice. This requirement extends to claims for misfeasance against members of Parish Councils which exercise their statutory powers to comment on applications for listed building consent.