a plaintiff cannot recover exemplary damages unless he is the victim of punishable behaviour.

For relevant general notes see Trade union matters/closed shop agreements and/or Racial discrimination/compensation for and/or Damages/punitive damages .

editor's note:-
It should be noted that in a later case (Kuddus v Chief Constable of Leicester Constabulary [2001] UKHL 29, reported at [2002] 2 AC 122) the House of Lords held that whether exemplary damages could be awarded on the grounds of oppressive, arbitrary or unconstitutional action by a public officer depended on the features of the officer’s behaviour rather than on the cause of action sued on. The plaintiff's claim was not precluded by the fact that misfeasance in public office was not a cause of action justifying an award of exemplary damages before Rookes v Barnard in 1964.