Damages

Misfeasance in public office - claim for exemplary damages - not to be struck outKuddus v Chief Constable of Leicestershire Constabulary: HL (Lord Slynn of Hadley, Lord Mackay of Clashfern, Lord Nicholls of Birkenhead, Lord Hutton and Lord Scott of Foscote):7 June 2001The claimant reported to the police that property had been stolen from his flat.

A police constable subsequently forged the claimant's signature to a purported statement by him withdrawing his complaint, whereupon investigation of the matter ceased.The claimant brought an action against the chief constable on the ground that he was vicariously liable for the misfeasance in public office of the constable and claimed exemplary damages.

The chief constable, admitting misfeasance but contending that exemplary damages could not be awarded for that tort, applied for the claimant's claim for them to be struck out.

The recorder so ordered.

The Court of Appeal by a majority dismissed the claimant's appeal.

He appealed.David Harris QC and Nicholas George (instructed by Sharpe Pritchard for Smith Partnership, Leicester) for the claimant.

Guy Mansfield QC, Simon Freeland and Georgina Kent (instructed by Winckworth Sherwood for County Secretary, Leicestershire County Council, Leicester) for the chief constable.Held, allowing the appeal, that the fact that exemplary damages had not been awarded for misfeasance in public office before 1964 (Rookes v Barnard [1964] AC 1129) did not preclude the claimant's claim and AB v South West Water Services Ltd [1993] QB 507 had been wrongly decided; that whether exemplary damages could be awarded on the ground of oppressive, arbitrary or unconstitutional behaviour by a public officer depended on the features of the behaviour rather than the precise cause of action; and that on the basis on which the appeal had been argued before the House of Lords the claimant's claim for exemplary damages should not have been struck out.

(WLR)