A plaintiff is not entitled to exemplary damages
based upon a finding that a health care provider acted negligently.
Punitive or exemplary damages
are damages other than compensatory that may be awarded to punish the defendant for outrageous conduct and to deter similar malfeasance in the future.
The exemplary damages
clause was recommended in the Leveson report but has been opposed by some newspapers, which have been given legal advice that it could be contrary to the European Convention on Human Rights, which enshrines the principle of free speech.
will only be awarded if the publisher refuses to sign up.
Lord Carlile said: "We consider that the punishment and deterrence effect of exemplary damages
can be obtained by an award of exemplary damages
at a level that is relatively low.
Fiona Barton QC, representing Cleveland Police, told the judge she didn't think exemplary damages
, which would be paid out of Cleveland Police's pocket rather than through its insurance, were necessary.
In the four years since, the Delhi court alone has granted punitive and exemplary damages
in more than 50 cases.
She is seeking exemplary damages
over their alleged sex discrimination.
5 The purpose of these punitive or exemplary damages
was not to make the victim whole, for they greatly exceeded any injury that the plaintiff might have suffered.
Mr Mosley, the 68-year-old son of the 1930s Fascist leader Sir Oswald Mosley, says that his life was devastated by the expose and is asking for an unprecedented award of punitive exemplary damages
The lawsuit also seeks exemplary damages
against Continental based on the company's role in the crash.
In this lawsuit, HomeVestors seeks its (1) actual, treble, and exemplary damages
from Defendants, (2) a preliminary injunction, and after trial, a permanent injunction, and (3) HomeVestors' attorneys' fees and costs of court.