Punitive damages

Also known as exemplary damages, retributory damages or vindictive damages. Damages awarded in excess of the claimant’s loss. They are intended to punish the defendant rather than compensate the claimant and are only available in precise and limited circumstances such as where the defendant is guilty of oppressive or unconstitutional action or has calculated that the money to be made from their wrongdoing will probably exceed the damages payable (see Rookes v Barnard [1964] AC 1129 and Kuddus v Chief Constable of Leicestershire Constabulary [2001] UKHL 29). They are also available under section 34 of the Crime and Courts Act 2013.

They may be awarded in cases involving deliberate torts, such as deceit and defamation, but it is not clear whether they may be available in cases involving negligence and other inadvertent torts.

They are not available for breach of contract (see Addis v Gramophone Co. Ltd [1909] AC 488).

For further guidance, see Practice note, Damages in tort: an overview.