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 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, Judgment of 4 June 1992, Case IX ZR 149/91 (BGHZ 118, 312): German Law’s Dilemma 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 (King's College London, UK) 11. Whiten v Pilot Insurance Co (2002): How Can Something So Wrong Feel So Right? Zoë Sinel (University of Western Ontario, Canada) 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 Catherine M Sharkey (New York University, USA) 14. Mathias v Accor Economy Lodging, Inc (2003): Judge Richard A Posner’s Message and Method on Punitive Damages Ellen M Bublick (University of Arizona, USA) 15. Couch v Attorney-General (No 2) (2010): The Susan Couch Litigation Stephen Todd (University of Canterbury, UK) 15. Schlenzka & Langhorne v Fountaine Pajot (2010): The Recognition and Enforcement of Foreign Punitive Damages Awards in France Solène Rowan (King’s College London, UK) 17. PH Hydraulics & Engineering Pte Ltd v Airtrust (Hong Kong) Ltd (2017): Orthodoxy Rules Pey Woan Lee (Singapore Management University, Singapore)
James Goudkamp is Professor of the Law of Obligations at the University of Oxford, UK. Eleni Katsampouka is Lecturer in Law at King's College London, UK.
