David Foxton, ‘Public law illegality in private law claims: some recent developments’

“Professor Dicey took pride in the fact that English law knew no ‘droit administratif’, suggesting that ‘in England, and in countries which, like the United States, derive their civilization from English sources, the system of administrative law, and the very principles upon which it rests, are in truth unknown’. Dicey was particularly exercised by the suggestion that the state, or servants or agents acting on its behalf, might benefit from privileges or immunities not afforded to non-state actors, but issues equally arise as to the extent to which public bodies should be subject to special disabilities or liabilities. We have now reached a stage where the distinction between public and private law may well have become the key structural divide in English law, one of significantly greater moment than that between law and equity …”

Sir David Foxton, Public law illegality in private law claims: some recent developments, A Lecture to the London Common Law and Commercial Bar Association and the Administrative Law Bar Association, 24 February 2021.

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