Herbert v Pagett (1663) 1 Lev 64
Citation:Herbert v Pagett (1663) 1 Lev 64
Rule of thumb:Are Courts and other public authorities allowed to falsify public records? No, keeping good records is the number 1 duty of all public services workers in England, and if they do they have to pay compensation, unless they can show that they could not prevent it.
Judgment:
‘By Mallett and Wyndham it was held that though here appeared no neglect or want of care in the defendant, yet he having taken upon him to keep the records, he is at his peril to answer for all the misusage that is in the records, and so is chargeable in the action. Twysden held the contrary, that he ought not to be chargeable, for that by no industry he could prevent it’.
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