Watkins v Secretary of State for the Home Department

Watkins v Secretary of State for the Home Department is an appeal by the Home Office against a decision of the Court of Appeal that found in favour of the respondent in a claim for misfeasance in public office. The House of Lords was required to decide whether the tort of misfeasance in public office is actionable without proof of financial loss or physical or mental injury, and if so, in what circumstances. Mr Watkins, a prisoner, claimed damages for misfeasance in public office against the Home Office and prison officers for breaches of the confidentiality of his legal correspondence. The trial judge found that a number of officers had wrongly interfered with Mr Watkins’ correspondence, but dismissed his claims because he had failed to prove any financial loss or physical or mental injury. The Court of Appeal allowed the appeal, holding that the tort of misfeasance in public office is actionable per se if there has been an infringement of a constitutional right. The House of Lords held that the tort of misfeasance in public office is never actionable without proof of material damage. The House of Lords dismissed the appeal, set aside the Court of Appeal’s order save as to costs and restored the order of the judge.