Misfeasance in public office was not a tort in which exemplary damages would be available before 1964, and, following the restriction on such awards in Rookes v Barnard was not now a tort for which such damages night be payable. Kindred torts, which might normally accompany such a claim against the police, might give rise to such a claim however.
Citations:
Times 16-Mar-2000, [2000] EWCA Civ 39
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Rookes v Barnard (No 1) HL 21-Jan-1964
The court set down the conditions for the award of exemplary damages. There are two categories. The first is where there has been oppressive or arbitrary conduct by a defendant. Cases in the second category are those in which the defendant’s conduct . .
Cited by:
Appeal from – Kuddus v Chief Constable of Leicestershire Constabulary HL 7-Jun-2001
There is no rule of law preventing the award of exemplary damages against police officers. The fact that no case of misfeasance in public office had led to such awards before 1964, did not prevent such an award now. Although damages are generally . .
Lists of cited by and citing cases may be incomplete.
Damages, Torts – Other, Police
Updated: 31 May 2022; Ref: scu.147072
