Rookes v Barnard [1964] AC
Citation:Rookes v Barnard [1964] AC
Rule of thumb:Where a person breaks a law because it will be more profitable for them to do, and profiteers from breaching a legal section, then exemplary/punitive damages can be awarded by the Court.
Background facts:
The facts of this case were that Rookes worked for an airline company and was a skilled worker with quite a senior position. Rookes was part of a trade union, and it was a closed shop trade union, with every single worker in the airline a part of the trade union. Rookes however had a disagreement with the trade union and resigned from it. The trade union threatened the airline that if they did not sack Rookes then they would go on strike. The airline then did sack Rook because they calculated that it would cost them less money to sack him than all the costs of cancelling flights etc. Rookes sued the Union, whose leader was Mr Barnard.
Judgment:
The Court held that Rookes was entitled to exemplary damages as the law was deliberately broken to make a profit.
Ratio-decidendi:
‘…those in which the defendant’s conduct has been calculated by him to make a profit for himself which may well exceed the compensation payable to the plaintiff…. Where a defendant with a cynical disregard for a plaintiff's rights has calculated that the money to be made out of his wrongdoing will probably exceed the damages at risk, it is necessary for the law to show that it cannot be broken with impunity…’ [1226]. Lord Devlin
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.