Exemplary awards

Rowlands v Chief Constable of Merseyside [2006] EWCA Civ 1773; SJ 5 January

Following complaints by the claimant that her neighbours were being noisy and troublesome, two police officers attended her property. Following an altercation between the claimant and one of the policemen, she was arrested in front of her children, placed in handcuffs, and detained for about an hour and a half. She was charged with obstructing a constable in the execution of his duty, but was acquitted because the court did not accept the evidence of the police officer. The claimant successfully brought proceedings against the chief constable and was awarded damages that included, among other things, damages for personal injury, pain and suffering and for psychiatric harm. She was awarded damages totalling £6,350 and appealed against the judge’s ruling that an award of aggravated damages would result in overcompensation and the judge’s withdrawal from the jury consideration of her claim for exemplary damages.