Exemplary damages CASES

October 3, 2025

National Case Law Archive

Lady justice next to law books

Rookes v Barnard [1964] UKHL 1

A non-union employee was dismissed after union officials threatened an illegal strike in breach of a no-strike agreement. The House of Lords recognised the tort of intimidation based on a threat to breach a contract and established restrictive new categories for awarding exemplary damages. Facts The appellant, Mr Rookes, was a skilled draughtsman employed by the British Overseas Airways Corporation (B.O.A.C.) at London Airport. He was a member of the Association of Engineering and Shipbuilding Draughtsmen (A.E.S.D.), a registered trade union. Following a disagreement, Mr Rookes resigned from the union in November 1955. At the time, there was an informal

September 29, 2025

National Case Law Archive

Law books in a law library

Kuddus v CC of Leicestershire [2001] UKHL 29

The claimant sued for misfeasance in public office after a police officer forged his signature on a witness statement. The House of Lords held that exemplary damages could be awarded, focusing on the outrageous nature of the official's conduct rather than pre-defined categories of tort. Facts The claimant, Mr Kuddus, reported a theft from his flat. An investigating police officer, PC Jones, visited the former tenant suspected of the theft. Shortly afterwards, PC Jones forged Mr Kuddus’s signature on a statement withdrawing his complaint of theft. As a result, the police investigation was terminated without Mr Kuddus’s knowledge or consent.