House of Lords Rules on Misfeasance

 Misfeasance in Public Office - When Actionable

Watkins v Secretary of State for the Home Department and others
[2006] UKHL 17
HL
29 March 2006
Daily Law Notes Report Summary 
House of Lords Judgment 

The tort of misfeasance in public office was not actionable per se
if the claimant had not suffered loss or damage caused by the
tortuous conduct of a public officer. Nor would exemplary damages
be awarded since the function of the tort was to compensate the
claimant, not to punish the public officer.  Prison officers
reading mail without authority - no loss suffered.