Has Rowlands clarified the distinction between aggravated and exemplary damages? Henry Gow reports
The contentious area of aggravated and exemplary damages as they relate to actions against the police have been clarified by the recent ruling by the Court of Appeal in Rowlands v Chief Constable of Merseyside Police [2006] EWCA Civ 1773, [2006] All ER (D) 298 (Dec). The court considered and ruled on: whether aggravated damages, which are purely compensatory, are appropriate where there has already been an award for psychological damage; whether exemplary damages should be awarded; and whether chief constables are vicariously liable for the actions of their officers.
Troublesome neighbours
The action arose when, in August 2002, the appellant, Susan Rowlands, and her family were living at 90 Eastham Road, New Ferry on the Wirral peninsular. The house across the road, number 89, was occupied by a group of people who, from Rowlands’ point of view, might be described as troublesome neighbours. On 15 August Rowlands and her family returned from a holiday in Spain; the following day, 16 August, was their first full day back at home. It
