Clark v Chief Constable of Cleveland Police: CA 7 May 1999

It was appropriate for courts in all cases to give juries both general guidance on awarding damages and guidance as to the range of awards available in the circumstances. The court aslo set out the proper approach to the award of aggravated damages and exemplary damages against police. The figures the court set out were applicable to what it termed ‘a straightforward case’, and they were not to be used in a ‘mechanistic manner’. Where the defendant is the employer of the police officers involved, exemplary damages are unlikely to have a role, and aggravated damages should be awarded if the aggravating features would result in the claimant not receiving sufficient compensation for his injury. The bad character of the claimant was a factor which made for a ‘discount’ on the damages.


[1999] EWCA Civ 1357




England and Wales


CitedThompson v Commissioner of Police of Metropolis; Hsu v Same CA 20-Feb-1997
CS Damages of 200,000 pounds by way of exemplary damages had been awarded against the police for unlawful arrest and assault.
Held: The court gave a guideline maximum pounds 50,000 award against police for . .

Cited by:

CitedManley v Commissioner of Police for the Metropolis CA 28-Jun-2006
The claimant succeeded in his action against the respondent for assault, false imprisonment and malicious prosecution. He appealed his award of damages for malicious prosecution. He had a bad record, and the essential issue was the extent to which . .
Lists of cited by and citing cases may be incomplete.

Damages, Police, Torts – Other

Updated: 30 May 2022; Ref: scu.146272