(1)This section applies where the court decides to award exemplary damages under section 34.
(2)The court must have regard to these principles in determining the amount of exemplary damages—
(a)the amount must not be more than the minimum needed to punish the defendant for the conduct complained of;
(b)the amount must be proportionate to the seriousness of the conduct.
(3)The court must take account of these matters in determining the amount of exemplary damages—
(a)the nature and extent of any loss or harm caused, or intended to be caused, by the defendant's conduct;
(b)the nature and extent of any benefit the defendant derived or intended to derive from such conduct.
(4)The court may regard deterring the defendant and others from similar conduct as an object of punishment.
(5)This section is not to be read as limiting the power of the court to take account of any other matters it considers relevant to its decision.
Commencement Information
I1Ss. 34-39 in force at 3.11.2015 by virtue of s. 61(7) of this Act (and see explanatory note to S.I. 2015/1837)