Commentary on Sections Schedule 14: Deployment of the judiciary Section 37: Multiple claimants
476.Section 37 applies to claims involving more than one claimant. In such cases, subsection (5) prevents any later claims for exemplary damages where an earlier award of such damages has been made. Additionally, subsection (4) ensures that the total amount awarded by way of exemplary damages where two or more claimants are concerned is not excessive and with this purpose in mind, subsection (2) and (3) ensure that prior out of court settlements made by the defendant with other claimants can be taken into account.