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Landmark Cases in the Law of Punitive Damages

Landmark Cases in the Law of Punitive Damages

Author: James Goudkamp; Eleni Katsampouka
Publisher: Hart Publishing
ISBN: 9781509967049

Published In: June 2025
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509967001

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Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally.

The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.

1. Huckle v Money (1763): Exemplary Damages and Liberty of the Subject

TT Arvind (University of York, UK) and Jenny Steele (University of York, UK)

2. Wilkes v Wood (1763): General Warrants and Punitive Damages

David Ibbetson (University of Cambridge, UK)

3. Bell v Midland Railway Co (1861): The Curious Case of the Disputing Directors

Emily Gordon (University College London, UK)

4. Rookes v Barnard (1964): Going off the Lines

Iain Field (University of Queensland, Australia)

5. Cassell & Co Ltd v Broome (1972): Maritime, Generational and Judicial Clashes

James Goudkamp (University of Oxford, UK)

6. Lamb v Cotogno (1987): Insured Punishment

Kit Barker (University of Queensland, Australia)

7. German Federal Court of Justice (BGH 4 June 1992), case number IX ZR 149/91, John Doe v Eckhard Schmitz: The Dilemma of German Law with Punitive Damages

Johannes Ungerer (University of Oxford, UK)

8. John v MGN Ltd (1995): Enclosing the Jury Paddock?

Mark Lunney (King's College London, UK)

9. Gray v Motor Accident Commission (1998): Does the Criminal Punishment of the Defendant Bar Exemplary Damages? Questions Answered and Unanswered

Felicity Maher (University of Western Australia, Australia)

10. Kuddus v Chief Constable of Leicestershire Constabulary (2001): A Milestone in the Expansion of Punitive Damages

Eleni Katsampouka (University of Cambridge, UK)

11. Whiten v Pilot Insurance Co (2002): How Can Something So Wrong Feel So Right?

Zoë Sinel (University of Western Ontario)

12. Harris v Digital Pulse Pty Ltd (2003): Equity, Penalties, Controversy and Costs

Mark Leeming (University of Sydney, Australia)

13. State Farm Mutual Automobile Insurance Co v Campbell (2003): The Misguided Legacy of Proportionality