Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 (20 January 2021)

Rees v Commissioner of Police of the Metropolis [2021] EWCA Civ 49 (20 January 2021)

The judge's assessment of damages, including the split between distress, loss of liberty, aggravated and exemplary damages, was within the reasonable range and properly considered relevant comparators and legal principles. The judge was entitled to withhold interest on damages, having assessed the award as at the date of judgment and adjusted for inflation. The award of exemplary damages was justified and not excessive given the egregious conduct and number of claimants.

Citation
[2021] EWCA Civ 49
Parties
Appellant: Jonathan Rees; Respondent/cross Appellant: Commissioner of Police of the Metropolis
Jurisdiction
England and Wales
Judgment Date
20 January 2021
Procedural Posture
Civil Appeal / Appeal From High Court (assessment of Damages)
Outcome
Appeal dismissed; cross-appeal dismissed; award of damages affirmed.
Legal Topics
Malicious Prosecution, Misfeasance in Public Office, Damages Assessment, Exemplary Damages, Aggravated Damages, Interest on Damages
Tort Law Civil Procedure Malicious Prosecution Misfeasance in Public Office Damages Assessment Exemplary Damages Aggravated Damages Interest on Damages

Case Brief

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Parties

Jonathan Rees

Appellant

Commissioner of Police of the Metropolis

Respondent/cross Appellant

Procedural Posture

Civil Appeal / Appeal From High Court (assessment of Damages)

Legal Issues

  1. 1 Whether the award for loss of liberty was too low
  2. 2 Whether the judge erred in not awarding interest on damages
  3. 3 Whether exemplary damages were justified and/or excessive

Ratio Decidendi

The judge's assessment of damages, including the split between distress, loss of liberty, aggravated and exemplary damages, was within the reasonable range and properly considered relevant comparators and legal principles. The judge was entitled to withhold interest on damages, having assessed the award as at the date of judgment and adjusted for inflation. The award of exemplary damages was justified and not excessive given the egregious conduct and number of claimants.

Court Disposition

Appeal dismissed; cross-appeal dismissed; award of damages affirmed.

Orders

  • Damages award of £155,000 to appellant affirmed
  • No interest awarded on damages