Kuddus v Chief Constable of Leicestershire [2000] EWCA Civ 39 (10 February 2000)

Kuddus v Chief Constable of Leicestershire [2000] EWCA Civ 39 (10 February 2000)

The Court of Appeal is not bound by the cause of action test from AB v. South West Water Services Ltd in cases where the facts fall squarely within Lord Devlin's first category from Rookes v. Barnard. The tort of misfeasance in public office, being at the heart of that category, allows for the possibility of exemplary damages regardless of whether such awards were made before 1964. The cause of action test is unprincipled and impractical, and the claim should not have been struck out.

Citation
[2000] EWCA Civ 39
Parties
Claimant/appellant: Kuddus; Defendant/respondent: Chief Constable of Leicestershire
Jurisdiction
England and Wales
Judgment Date
10 February 2000
Procedural Posture
Appeal (civil) / Appeal From Order Striking Out Claim for Exemplary Damages in Misfeasance in Public Office
Outcome
Appeal allowed
Legal Topics
Exemplary Damages, Misfeasance in Public Office, Precedent and Stare Decisis
Tort Law Civil Procedure Exemplary Damages Misfeasance in Public Office Precedent and Stare Decisis

Case Brief

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Parties

Kuddus

Claimant/appellant

Chief Constable of Leicestershire

Defendant/respondent

Procedural Posture

Appeal (civil) / Appeal From Order Striking Out Claim for Exemplary Damages in Misfeasance in Public Office

Legal Issues

  1. 1 Whether exemplary damages may be awarded for the tort of misfeasance in public office
  2. 2 Whether a 'cause of action' test restricts exemplary damages to torts where such damages were awarded before 1964
  3. 3 Whether the Court of Appeal is bound by its previous decision in AB v. South West Water Services Ltd

Ratio Decidendi

The Court of Appeal is not bound by the cause of action test from AB v. South West Water Services Ltd in cases where the facts fall squarely within Lord Devlin's first category from Rookes v. Barnard. The tort of misfeasance in public office, being at the heart of that category, allows for the possibility of exemplary damages regardless of whether such awards were made before 1964. The cause of action test is unprincipled and impractical, and the claim should not have been struck out.

Court Disposition

Appeal allowed

Orders

  • Order striking out claim for exemplary damages set aside
  • Claim for exemplary damages in misfeasance in public office may proceed