Aggravated Damages in UK Law

Leading Cases
  • A.B. v South West Water Services Ltd
    • Court of Appeal (Civil Division)
    • 16 November 1992

    To the extent that any of these effects was magnified or exacerbated by the defendants' conduct, the ordinary measure of damages will compensate. The question is whether, in addition to that full compensatory measure, the plaintiffs have pleaded a sustainable claim for additional compensation by way of aggravated damages. I know of no precedent for awarding damages for indignation aroused by a defendant's conduct.

  • Thompson v Commissioner of Police of the Metropolis
    • Court of Appeal (Civil Division)
    • 19 February 1997

    Such damages can be awarded where there are aggravating features about the case which would result in the plaintiff not receiving sufficient compensation for the injury suffered if the award were restricted to a basic award.

  • Richardson v Howie
    • Court of Appeal (Civil Division)
    • 13 August 2004

    It is and must be accepted that at least in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack.

  • Rookes v Barnard
    • House of Lords
    • 21 January 1964

    It extends to cases in which the Defendant is seeking to gain at the expense of the Plaintiff some object,—perhaps some property which he covets,—which either he could not obtain at all or not obtain except at a price greater than he wants to put down. Exemplary damages can properly be awarded whenever it is necessary to teach a wrongdoer that tort does not pay.

    In a case in which exemplary damages are appropriate, a jury should be directed that if, but only if, the sum which they have in mind to award as compensation (which may of course be a sum aggravated by the way in which the Defendant has behaved to the Plaintiff) is inadequate to punish him for his outrageous conduct, to mark their disapproval of such conduct and to deter him from repeating it, then it can award some larger sum.

  • John v MGN Ltd
    • Court of Appeal (Civil Division)
    • 12 December 1995

    In assessing the appropriate damages for injury to reputation the most important factor is the gravity of the libel; the more closely it touches the plaintiff's personal integrity, professional reputation, honour, courage, loyalty and the core attributes of his personality, the more serious it is likely to be. The extent of publication is also very relevant: a libel published to millions has a greater potential to cause damage than a libel published to a handful of people.

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 February 1972

    Such actions involve a money award which may put the plaintiff in a purely financial sense in a much stronger position than he was before the wrong. Not merely can he recover the estimated sum of his past and future losses, but, in case the libel, driven underground, emerges from its lurking place at some future date, he must be able to point to a sum awarded by a jury sufficient to convince a bystander of the baselessness of the charge.

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  • Criminal Justice Act 1988
    • UK Non-devolved
    • January 01, 1988
  • Crime and Courts Act 2013
    • UK Non-devolved
    • January 01, 2013
    ....... Publishers of news-related material: damages and costs . 34: Awards of exemplary damages . (1) This section applies ...2015/1837) . 39: Awards of aggravated damages . (1) This section applies where—(a) a relevant claim is made ......
  • Protection of Freedoms Act 2012
    • UK Non-devolved
    • January 01, 2012
    ...... a result of a trespass or other tort, means a sum in the nature of damages,however the sum in question is described;“registered address” means, ... 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc.) is amended as follows.(2) In subsection (1) —(a) in ......
  • Criminal Justice and Public Order Act 1994
    • UK Non-devolved
    • January 01, 1994
    ...... to criminal damage or, in certain circumstances, an offence of aggravated vehicle-taking, is charged and it appears clear to the magistrates’ .... Annotations: Marginal Citations # M219 1961 c. 39. . Payment of damages by police authority . (13) . . . . . . . . . . . . . . . . . . . . . . . . ......
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