Date: Thu, 18 Sep 2008 11:12

From: Jenny Steele

Subject: Aggravated and Punitive Damages

There is some brief and inconclusive discussion of aggravated damages for negligence in Ashley v Chief Constable of Sussex Police [2008] UKHL 25 (fatal shooting of suspect by police officer). The defendant accepted liability in negligence, including liability to pay aggravated damages, but the claimants proceeded with a claim in trespass. Lord Neuberger commented that it was 'common ground' that aggravated damages were not available as a matter of law in a claim in negligence, but went on to argue that in his view, it was arguable that they should logically be recoverable in some categories of negligence claim (para [102]).

Jenny

Professor Jenny Steele  
York Law School
University of York
York
YO10 5DD

+ 44 (0)1904 434314

-----Original Message-----
From: Lionel Smith
Sent: 16 September 2008 19:47
To: ODG
Subject: Re: Aggravated and Punitive Damages

See also McIntyre v. Grigg (2006), 83 O.R. (3d) 161 (C.A.), where an award of punitive damages in an extreme case of catastrophic injuries caused by impaired driving was upheld by a 2-1 majority, with discussion of the relevance of the fact that it was now clear that no serious criminal sanction would be imposed.  

There was some discussion on ODG at the time.

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