Punitive Damages in England

Abstract

The history of punitive or exemplary damages, the terms are synonymous, is rooted in 18th century English case law though it was not until 1964, in the case of Rookes v Barnard 1 that such damages were specifically identified as “punitive” or “exemplary”. Punitive damages are damages which are awarded over and above what is necessary to compensate a claimant. In granting an award of punitive damages, in addition to marking their disapproval of his behaviour, the judge or jury primarily seek to punish the defendant and deter him and others from similar outrageous conduct. Under English law, punitive damages are distinguishable from non-pecuniary damages awarded to reflect the harm caused to a victim because of the reprehensible manner in which a defendant committed a wrong. Notwithstanding their possible deterrent or punitive effect, such aggravated damages, which form the subject of a separate report,2 are compensatory in nature. It is to be noted that an award of punitive damages may only be made if the amount to be awarded by way of compensation (including aggravated damages) is insufficient to serve as punishment as well as compensation.