Aggravated, Exemplary and Restitutionary ... - Law Commission
Aggravated, Exemplary and Restitutionary ... - Law Commission
Aggravated, Exemplary and Restitutionary ... - Law Commission
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... nothing either in the authorities or in logic to justify extending this<br />
principle of public policy so as to deny insurance cover to those whose<br />
sole liability is one which arises vicariously ... 543<br />
1.196 The decision <strong>and</strong> reasoning of Simon Brown LJ in this case suggest that the key<br />
distinction in the existing law may not be between personal <strong>and</strong> vicarious liability.<br />
Rather, it may lie between insurance against the personal or vicarious liability of<br />
defendants in circumstances where their conduct would amount to criminal<br />
conduct, <strong>and</strong> insurance against personal or vicarious liability for conduct not<br />
amounting to criminal conduct.<br />
(5) <strong>Exemplary</strong> damages must be specifically pleaded<br />
1.197 A claim for exemplary damages:<br />
... must be specifically pleaded together with the facts on which the<br />
party pleading relies. 544<br />
1.198 Accordingly, the plaintiff, <strong>and</strong> only the plaintiff, must decide to seek an exemplary<br />
damages award; even if it would otherwise be appropriate to award exemplary<br />
damages, a court is not permitted to add one of its own motion.<br />
543 [1996] 3 WLR 493, 502H (emphasis added).<br />
544 RSC, O 18, r 8(3). The County Court Rules (O 6, r 1B) provide that:<br />
Where a plaintiff claims aggravated, exemplary or provisional damages, his<br />
particulars of claim shall contain a statement to that effect <strong>and</strong> shall state the<br />
facts on which he relies in support of his claim for such damages.<br />
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