Exemplary damagesPunitive damagesHouse of Lords (UK)

Rookes v Barnard

[1964] Appeal Cases 112919641 min read
The case in brief30-second read
Facts
The case involved a claim connected to trade union activity and alleged intimidation. The question of whether exemplary (punitive) damages, beyond ordinary compensation, could be awarded arose. The House of Lords used the opportunity to comprehensively address the proper scope of this remedy.
Issue
In what circumstances should exemplary damages, beyond mere compensation, be available in a tort claim.
Held
Exemplary damages should be confined to specific, limited categories. First, where the defendant's conduct was calculated to make a profit that might exceed the compensation otherwise payable. Second, where a statute expressly authorises such an award. Third, in cases involving oppressive, arbitrary, or unconstitutional conduct by servants of the government. Outside these categories, damages should remain purely compensatory.
Principle
Exemplary damages should be confined to specific categories: conduct calculated to profit the defendant beyond mere compensation, statutorily authorised awards, or oppressive, arbitrary, or unconstitutional conduct by government servants.
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Facts

  • The case involved a claim connected to trade union activity and alleged intimidation. The question of whether exemplary (punitive) damages, beyond ordinary compensation, could be awarded arose. The House of Lords used the opportunity to comprehensively address the proper scope of this remedy.

Issue

  1. In what circumstances should exemplary damages, beyond mere compensation, be available in a tort claim.

Held

  • Exemplary damages should be confined to specific, limited categories. First, where the defendant's conduct was calculated to make a profit that might exceed the compensation otherwise payable. Second, where a statute expressly authorises such an award. Third, in cases involving oppressive, arbitrary, or unconstitutional conduct by servants of the government. Outside these categories, damages should remain purely compensatory.

Ratio decidendi

Exemplary damages, given their tension with tort law's primarily compensatory purpose, are confined to a limited set of categories where compensatory damages alone would be inadequate to achieve genuine deterrence or to mark the seriousness of governmental abuse of power.

Exam use

How to use it in an answer

  • Key line: "In Rookes v Barnard (1964), the House of Lords confined exemplary damages to three categories: profit-motivated wrongdoing, statutory authorisation, and oppressive governmental conduct."
  • Pair with Bhim Singh v State of J&K (1985) as the Indian illustration of the third category: oppressive governmental conduct.

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Citation

Rookes v. Barnard [1964] Appeal Cases 1129

Reported: [1964] AC 1129. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.