ABSTRACT
This chapter examines the legal framework for the latter of the remedies - monetary damages from the government. It discusses the source of law governing tort claims against the government and the defences to these claims. The chapter compares case in both countries: United Kingdom and the United States, dealing with the government's liability for harm to children and also discusses some comparative observations about discretionary decisions and the separation of powers. The general principle is that the common law of torts governs the liability of public authorities just as it does of private individuals. The Human Rights Act of 1998 superimposed upon the common law jurisprudence an additional source of liability for public authorities. Section 8 of the Human Rights Act provides that courts may order a wide array of remedies for violations of Convention rights, including the award of damages. Again, judges are mandated to 'take into account' European Court of Human Rights Article 41 jurisprudence on damages.
