Private remedies for public duties
Human rights law is progressively imposing duties on public bodies beyond the obligations private persons owe each other. How does this affect the relationship between public law remedies and civil liability principles? Do we need special remedies when state power is 'exceptionalised' in this way?
This project investigates contrasting answers to these questions by the highest courts in the UK and South Africa. It brings together researchers from both countries and both sides of the traditional divide between private law and public law to investigate the origins and consequences of these divergent approaches, and to draw lessons for future legal development.