Rookes v Barnard [1964] UKHL 1

Punitive Damages: Perception and reality

James Goudkamp and Eleni Katsampouka provide an in-depth guide to punitive damages ‘The complaint that punitive damages awards are excessive seems to be unjustified.’ Compensatory damages are awarded to compensate the claimant for loss suffered. By contrast, punitive damages are awarded in order to punish the defendant for his or her contumelious disregard of the …

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Fundamental Dishonesty: Collision collusion

Toby Evans outlines the actions an insurer needs to take to prove a claim is fraudulent ‘There are a plethora of options in an insurer’s armoury when defending claims which are patently fraudulent, such as contempt of court, police intervention by virtue of IFED and private prosecutions.’The case of Johnson, Burns and Gilchrist v Zurich …

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Civil Fraud: Exemplary damages: credit hire, fraud and QOCS

Patrick West analyses the latest cases and explores the future of the law’s oldest way of punishing wrong-doers ‘Qualified one way costs shifting (QOCS) is now affecting almost all personal injury cases coming before the courts.’ It was said by the Court of King’s Bench in Wilkes v Wood (1763): That the law never admits …

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Aggravated Damages: Compensation for making a bad situation worse

A recent EAT case has highlighted the difficulties involved in awarding damages for aggravating conduct separately from compensation for injury to feelings, explains Sarah Gregory ‘The EAT observed that aggravated damages are an aspect of injury to feelings and reiterated that their purpose is essentially compensatory, not punitive.’In a recent case, the Employment Appeal Tribunal …

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