Susan Rowlands v The Chief Constable of Merseyside Police

Susan Rowlands v The Chief Constable of Merseyside Police

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 feelings. Exemplary damages may be awarded against a chief constable for vicarious liability where police conduct is oppressive and abusive. The Court of Appeal assessed aggravated damages at £6,000 and exemplary damages at £7,500, in addition to the agreed basic damages.

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
Legal Topics
Assault, False Imprisonment, Malicious Prosecution, Damages, Aggravated Damages, Exemplary Damages, Vicarious Liability
Tort Law Civil Procedure Assault False Imprisonment Malicious Prosecution Damages Aggravated Damages Exemplary Damages +1 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 an award of aggravated damages was precluded by an award for psychiatric harm.
  3. 3 Whether exemplary damages can be awarded against a chief constable for vicarious liability.

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 feelings. Exemplary damages may be awarded against a chief constable for vicarious liability where police conduct is oppressive and abusive. The Court of Appeal assessed aggravated damages at £6,000 and exemplary damages at £7,500, in addition to the agreed basic damages.

Court Disposition

Appeal allowed

Orders

  • Judgment for Mrs. Rowlands in the sum of £19,850.