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Rethinking tortious immunity for judicial acts

Published online by Cambridge University Press:  02 January 2018

John Murphy*
Affiliation:
University of Manchester
*
John Murphy, School of Law, University of Manchester, Oxford Road, Manchester, M13 9PL, UK. Email: john.murphy@manchester.ac.uk

Abstract

This paper considers the immunity in tort enjoyed by superior court judges in England and Wales. It suggests, first, that the current level of immunity is set too high; secondly, that the reasons traditionally given for this level of immunity are overwhelmingly unconvincing and that, therefore, thirdly, a lesser degree of immunity (which allows judges to be exposed to potential liability under a modified version of the tort of misfeasance in a public office) would be the preferable way to proceed.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 2013

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