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Punitive damages (also called exemplary damages) are a rare, exceptional remedy in tort, not normally recoverable as a matter of standard compensation. They may be considered only in very limited circumstances where the defendant’s conduct was oppressive, arbitrary, or in defiance of public principles. A solicitor will assess whether the case fits the narrow criteria set out in case law such as Rookes v Barnard and related authorities, and will advise on prospects, evidential requirements, and possible court submissions for such damages. The existence of a statutory or contractual cap, or the availability of aggravated damages, may also shape strategy.
What a solicitor handles in these matters
Exemplary damages arise only in rare, clearly egregious cases; a solicitor will detail legal tests, gather evidence of oppression or high-handed conduct, and prepare targeted submissions to justify a punitive award, including relevant case law and any statutory constraints.
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