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Pageimage Casestudies Section

Misfeasance and human rights

Client: Shropshire Council (Mr and Mrs Ryan v Shropshire Council [2012] QBD)

Issue / Claim: High value misfeasance and human rights claim brought by the owners of a rifle range alleging misfeasance on the part of a heath and safety officer who issued schedule of contraventions following inspections of the range.

Weightmans’ investigation and action: The relevant officer had left the council’s employment and the claim related to issues that dated back to 2002. This presented evidential problems but it remained our advice to the council that it had a good defence in law.

Result: The matter proceeded to a seven day trial in the High Court following which the claim was dismissed by Mackay J on the basis that the high threshold for misfeasance was not established. The council’s costs were recovered in full from the Claimants.

Peter Wake
"The Council's costs were recovered in full from the claimant in this case"

Peter Wake