Date: Tue, 6 Dec 2005 10:56:01

From: Andrew Burrows

Subject: Vicarious liability and exemplary damages

There are examples of English cases in which vicarious liability has been applied to exemplary damages in the same way as to compensatory damages. See many cases of claims against the police (eg White v Met Police Comr, The Times, 24 April 1982; George v Met Police Comr The Times, 31 March 1984; Connor v Chief Constable of Cambridgeshire The Times, 11 April 1984). But with the exception of Lord Scott's speech in Kuddus v Chief Constable of Leicestershire [2001] UKHL 29 I am not aware that the question has ever been addressed by the English courts as a matter of principle. But it was discussed in some detail by the Law Commission in its Report on Aggravated, Exemplary and Restitutionary Damages Law Com No 247 (1997) at paras 4.102-4.105 and 5.209-5.230 (including how to deal with the problem posed by vicarious liability for the principle that the means of the defendant are relevant to the quantum of exemplary damages).

Andrew Burrows

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