A barrister briefed to prosecute a criminal trial and the instructing solicitor employed by the DPP are not holders of a 'public office' for the purposes of the tort of misfeasance in public office. The prosecutor's duty of disclosure is an ethical, discretionary obligation owed to the court, not to the accused, and breach of it cannot found an action for misfeasance in public office. The tort requires the misuse of a public power attached to a public office, and the position of prosecutor does not carry any such power.
The full text is available to signed-in members, including the 61 later cases that cite this judgment.
13 of the 61 citing cases carry a classified treatment. How each court treated it is available to signed-in members.