Misfeasance in Public Office - Railtrack

Railtrack

Its most recent high-profile use was in the largest class action ever brought in the English courts, when 49,500 private shareholders of Britain's national railway infrastructure company Railtrack sued the Secretary of State for Transport for damages, alleging that in October 2001 the then holder of that office - Stephen Byers MP - had acted unlawfully in planning to put their company into administration on the grounds that it was insolvent. The legal action failed because - as an action involving reflective loss - the shareholders had to prove - in addition to the grounds specified above - malice on the part of Byers. They did not have the evidence to do so.

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