ABSTRACT
Where a person is insulted and distressed by a wrongdoer who intentionally causes him/her distress, the act constitutes a criminal offence under s 4A of the Public Order Act 1986. This article argues that there is no actionable tort for the insult under the current English law. The only way to seek private recourse is to have a private prosecution (assuming there is not a public one). Whilst this can lead to a compensation order, there are shortcomings with this option. It will then explore whether the misconduct in s 4A POA should be recognised as actionable in tort. It is argued that the misconduct constitutes a private wrong. Furthermore, other jurisdictions have comparable torts. Therefore, Parliament should consider introducing a statutory tort.
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Martin Kwan, Should There Be a Tort for Section 4A of the Public Order Act 1986? (2020) 1 Journal of Rights and Justice 4.
First posted 2020-07-28 05:34:11
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