'Liability of Public Bodies in Negligence – A Corrective Justice Analysis'
Professor Thomas Poole and Dr Emmanuel Voyiakis
Law of Obligations; Public Law
Ilan holds an LL.B (Law) and a B.A (Economics) from the Hebrew University in Jerusalem, Israel; and an LL.M (Law, with honours) from Northwestern University School of Law in Chicago, Illinois, USA. Prior to joining the department of law in LSE as a full time PhD student, Ilan served as a senior law clerk to the Vice President of the Israeli Supreme Court, Hon. Justice Elyakim Rubinstein.
Ilan's research deals with the liability of public bodies in tort in England. In particular, how the law responds to damages claims for a loss suffered by a private individual as a result of an action or a decision of a public body, or a failure to take an action or a decision. While accepting Dicey’s idea of equality as a useful starting point, he focuses on the application of corrective justice theory as the leading non-instrumental theory of private law which also gives great importance to equality and equal treatment. Ilan argues that from a corrective justice perspective, current English law is unsatisfying, leaving individuals under-compensated for the damage caused to them by a public body. However, he believes the solution is found in ordinary tort law, rather than in creating a separate mechanism of governmental liability in tort.