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Article
Misfeasance in Public Office, Governmental Liability and European Influences
International and Comparative Law Quarterly (2002)
  • Mads Andenas
Abstract

The article deals with the liability of banking regulators in the UK after the BCCI debacle, and provides a wider comparative perspective. It analyses the lack of enforcement culture in the Bank of England, at the systemic failures on the regulatory side that this leads to. The article argues in favour of an extended liability for lack of effective banking supervision, and that banking regulators should be liable where there is a sufficiently breach of the duty to supervise and enforce.

Keywords
  • liability,
  • regulators,
  • crisis,
  • enforcement,
  • remedies,
  • financial markets,
  • comparative tort law,
  • EU law
Disciplines
Publication Date
2002
Citation Information
Mads Andenas and Duncan Fairgrieve, "Misfeasance in Public Office, Governmental Liability and European Influences" (2002) 51 International and Comparative Law Quarterly 757-780. Available at: http://works.bepress.com/mads_andenas/6