Judgment
At first instance, before Sachs J, the action succeeded. This was overturned in the Court of Appeal. The House of Lords reversed the court of appeal, finding in favour of Rookes and against the union. Citing a case from the eighteenth century called Tarelton v. M'Gawley (1793) Peake 270 where a ship fired a cannonball across the bows of another, Lord Reid said the union was guilty of the tort of intimidation. It was unlawful intimidation 'to use a threat to break their contracts with their employer as a weapon to make him do something which he was legally entitled to do but which they knew would cause loss to the plaintiff.'
A corollary to the main issue in the case, but of greater lasting importance, was Lord Devlin's pronouncements on when punitive damages are applied. The only three situations in which damages are allowed to be punitive, i.e. with the purpose of punishing the wrongdoer rather than aiming simply to compensate the claimant, are in cases of,
- Oppressive, arbitrary or unconstitutional actions by the servants of government.
- Where the defendant's conduct was 'calculated' to make a profit for himself.
- Where a statute expressly authorises the same.
This aspect of Rookes v Barnard has not been followed in Canada, New Zealand or Australia.
Read more about this topic: Rookes V Barnard
Famous quotes containing the word judgment:
“Once you’ve been launched into parenthood, you’ll need all your best skills, self-control, good judgment and patience. But at the same time there is nothing like the thrill and exhilaration that come from watching that bright, cheerful, inquisitive, creative, eccentric and even goofy child you have raised flourish and shine. That’s what keeps you going, and what, in the end, makes it all worthwhile.”
—Lawrence Balter (20th century)
“I [Boswell] ... insisted that admiration was more pleasing than judgment, as love is more pleasing than friendship. The feeling of friendship is like that of being comfortably filled with roast beef; love like being enlivened with champagne. JOHNSON. “No, Sir; admiration and love are like being intoxicated with champagne; judgment and friendship like being enlivened.””
—Samuel Johnson (1709–1784)
“Let the trumpet of the day of judgment sound when it will, I shall appear with this book in my hand before the Sovereign Judge, and cry with a loud voice, This is my work, there were my thoughts, and thus was I. I have freely told both the good and the bad, have hid nothing wicked, added nothing good.”
—Jean-Jacques Rousseau (1712–1778)