Commentary on Sections Schedule 14: Deployment of the judiciary Section 38: Multiple defendants
477.Section 38 applies to claims involving more than one defendant. In such cases subsection (1) provides that in relation to exemplary damages awarded under section 34 liability will always be “several” so that the court can look at each defendant individually and punish that defendant according to the actual extent of their wrongdoing. Notwithstanding subsection (1), subsection (2) preserves the position as regards joint liability in relation to partnerships. Subsection (3) prevents defendants from seeking contributions from other defendants in relation to the exemplary damages paid where their liability is several as a result of this provision.