Punitive Damages in UK Law

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 February 1972
    ... ... of £25,000 paid into Court by the Appellants by way of exemplary damages be paid out of Court to the First Respondent, together with accrued ... v. Jones [1910] A.C. 20 , which had approved awards of punitive or exemplary damages on lines inconsistent with Lord Devlin's opinion in ... ...
  • R (Walumba Lumba and another) v Secretary of State for the Home Department
    • Supreme Court
    • 23 March 2011
    ... ... detention was unlawful, a mandatory order that he be released and damages. On 4 July 2008, Collins J gave an interlocutory judgment on part of the ... Accordingly, the expressions 'punitive damages' or 'exemplary damages' are better avoided as descriptions of this ... ...
  • Attorney General of Trinidad and Tobago v Ramanoop
    • Privy Council
    • 23 March 2005
    ... ... 1 This appeal raises the question whether exemplary damages may be awarded by way of redress for contravention of the human rights ... She distinguished from exemplary damages, of which a punitive element is an essential characteristic, an award of an amount which would ... ...
  • Kuddus v Chief Constable of Leicestershire Constabulary
    • House of Lords
    • 07 June 2001
    ... ... (Auld LJ dissenting) in this case struck out a claim for exemplary damages on the basis that it disclosed no cause of action ... 2 ... be made in appropriate cases in English law even though, being punitive in nature, such an award is inconsistent with the principle that damages ... ...
  • Rookes v Barnard
    • House of Lords
    • 21 January 1964
    ... ... May 1961, be, and the same is hereby, Set Aside so far as regards damages and Costs: And it is further Ordered , That the Cause be, and the same is ... that the jury were directed that it was open to them to award punitive or exemplary damages, and indeed they might fairly assume from the summing ... ...
  • Broome v Cassell & Company Ltd
    • Court of Appeal (Civil Division)
    • 04 March 1971
    ... ... 1 The jury gave £40,000 damages. It is a large sum. How did they get to it? What were the facts known to ... be faced with, if you cannot justify every word you have said, punitive damages because of his having issued warnings" ... 36 ... ...
  • McCarey v Associated Newspapers Ltd (No. 2)
    • Court of Appeal
    • 06 November 1964
    ... ... 7 This is an application for a new trial on the issue of damages only in consolidated libel actions tried by Mr. Justice Thompson and a ... libel in an ordinary case could properly include an element of punitive damages, sometimes called exemplary damages, although neither of those ... ...
  • John v MGN Ltd
    • Court of Appeal (Civil Division)
    • 12 December 1995
    ... ... 4 Part 2. The principles of law relating to damages in defamation ... 5 Part 3. Our conclusions on the ... In a sense, too, these damages are of their nature punitive or exemplary in the loose sense in which the terms were used before 1964, ... ...
  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 July 2000
    ... ... that the Crown might have a private law claim to 'restitutionary damages for breach of contract', and invited submissions on this issue. The ... 850 , 855. Leaving aside the anomalous exception of punitive damages, damages are compensatory. That is axiomatic. It is equally well ... ...
  • British Transport Commission v Gourley
    • House of Lords
    • 08 December 1955
    ... ... of the Appellants' servants, and brought his action to recover damages ... 2 The trial Judge awarded him £9,000 for pain and suffering ... , in cases of insurance, or cases calling for exemplary or punitive damages, or in certain cases dealing with the loss of use of a chattel; ... ...
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