Rees v Commissioner of Police of the Metropolis

Rees v Commissioner of Police of the Metropolis

The judge's assessment of damages was within the reasonable range, properly considered comparator cases, and reflected all relevant factors; interest was rightly not awarded as the damages were assessed globally up to judgment; the award of exemplary damages was justified and not excessive given the egregious conduct and number of claimants.

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 / Court of Appeal Judgment on Quantum of Damages After Liability Established
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 Public Law Malicious Prosecution Misfeasance in Public Office Damages Assessment Exemplary Damages Aggravated Damages Interest on Damages

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Parties

Jonathan Rees

Appellant

Commissioner of Police of the Metropolis

Respondent/cross Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment on Quantum of Damages After Liability Established

Legal Issues

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

Ratio Decidendi

The judge's assessment of damages was within the reasonable range, properly considered comparator cases, and reflected all relevant factors; interest was rightly not awarded as the damages were assessed globally up to judgment; 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

  • Appellant's appeal dismissed
  • Respondent's cross-appeal dismissed