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ARTICLE · 22 JANUARY 2007

Making An Example: Aggravated And Exemplary Damages

Pinsent Masons
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'I'm going to make an example of you!' These were schoolday words that would invariably diminish the spirits. For the example was unlikely to be an academic one and would usually involve physical pain. But it was the financial rather than the physical pain of the Merseyside Chief Constable that was in issue before the Court of Appeal on 20 December 2006 in Rowlands v Chief Constable of Merseyside Police [2006] EWCA Civ 1773.

United KingdomGovernment, Public Sector
Nicholas Dobson
Nicholas Dobson

'I'm going to make an example of you!' These were schoolday words that would invariably diminish the spirits. For the example was unlikely to be an academic one and would usually involve physical pain.

But it was the financial rather than the physical pain of the Merseyside Chief Constable that was in issue before the Court of Appeal on 20 December 2006 in Rowlands v Chief Constable of Merseyside Police [2006] EWCA Civ 1773. For the Court of Appeal found the Chief Constable vicariously liable for aggravated and exemplary damages following an unjustified arrest that had been ‘carried out in an arrogant and abusive manner and was followed by a persistentattempt to justify it through the giving of false evidence designed to procure her conviction'.

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