Susan Rowlands v The Chief Constable of Merseyside Police [2006] EWCA Civ 1773 (20 December 2006)

Susan Rowlands v The Chief Constable of Merseyside Police [2006] EWCA Civ 1773 (20 December 2006)

The trial judge erred in withdrawing from the jury the assessment of aggravated and exemplary damages. Aggravated damages are not precluded by an award for psychiatric harm if they compensate for distinct injury to dignity and humiliation. Exemplary damages may be awarded against a chief constable for vicarious liability where police conduct is oppressive and abusive. The Court of Appeal substituted its own assessment, awarding aggravated and exemplary damages in addition to basic damages.

Citation
[2006] EWCA Civ 1773
Parties
Claimant/appellant: Susan Rowlands; Defendant/respondent: The Chief Constable of Merseyside Police
Jurisdiction
England and Wales
Judgment Date
20 December 2006
Procedural Posture
Civil Appeal / Appeal From Liverpool County Court to Court of Appeal
Outcome
Appeal allowed in part; judgment for Mrs. Rowlands for £19,850.
Legal Topics
Assault, False Imprisonment, Malicious Prosecution, Damages, Aggravated Damages, Exemplary Damages, Vicarious Liability
Tort Law Police Law Civil Procedure Assault False Imprisonment Malicious Prosecution Damages Aggravated Damages +2 more

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Parties

Susan Rowlands

Claimant/appellant

The Chief Constable of Merseyside Police

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Liverpool County Court to Court of Appeal

Legal Issues

  1. 1 Whether the trial judge erred in withdrawing from the jury the assessment of damages for malicious prosecution, aggravated damages, and exemplary damages.
  2. 2 Whether aggravated damages can be awarded in addition to damages for psychiatric harm.
  3. 3 Whether exemplary damages can be awarded against a chief constable on a vicarious liability basis.

Ratio Decidendi

The trial judge erred in withdrawing from the jury the assessment of aggravated and exemplary damages. Aggravated damages are not precluded by an award for psychiatric harm if they compensate for distinct injury to dignity and humiliation. Exemplary damages may be awarded against a chief constable for vicarious liability where police conduct is oppressive and abusive. The Court of Appeal substituted its own assessment, awarding aggravated and exemplary damages in addition to basic damages.

Court Disposition

Appeal allowed in part; judgment for Mrs. Rowlands for £19,850.

Orders

  • Award of £6,350 in basic damages (personal injury, false imprisonment, malicious prosecution).
  • Award of £6,000 in aggravated damages.