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The scales of justice on a plain background

Rookes v Barnard

1964 · [1964] AC 1129

Posted By lanbuk.com

Facts

A union threatened to strike unless an employee who left the union was dismissed. He was dismissed and sued.

Issue

When may exemplary ( be awarded?

Held

Exemplary damages were not appropriate on the facts.

Principle

Exemplary damages can be given only in (1) oppressive, arbitrary or unconstitutional action by government servants; (2) conduct calculated to make a profit beyond the compensation payable; (3) where statute allows.

Why it matters

Leading case on exemplary damages.

Cited in these chapters

Cite this page

Rookes v Barnard [1964] AC 1129 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/rookes-v-barnard> accessed 31 October 2026

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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.