Harry Gow success clarifies distinction between aggravated and exemplary damages

New Bailey Chambers barrister Harry Gow, recently victorious in the case of Rowlands v Chief Constable of Merseyside police, has been acknowledged as bringing a new clarity to the complex area of aggravated versus exemplary damages.

As reported in many publications, including The Times, and New Law Journal, it was found that the Chief constable was held vicariously liable for actions committed by his officers during an incident involving the police at the claimant's home, during which she had been arrested, and subsequently charged and acquitted at the Magistrates court of obstruction a constable on duty.

Basic damages totalling £6350 had been awarded, but judgement rejected the additional claim for both aggravated and exemplary damages. The Court of Appeal upheld the claim increasing the overall entitlement to £19850, based on the findings that the judge had erred in holding that aggravated damages would over compensate the claimant. The judge should have warned the jury of the dangers of compensating the claimant twice for the same harm, but he had been wrong to withdraw that issue from them.

Harry Gow practises at New Bailey Chambers in Liverpool, specialising in criminal defence work.