s 37 Multiple claimants
(1) This section applies where a relevant publisher— (a) is a defendant to a relevant claim, and (b) is found liable to two or more persons in respect of the claim (“the persons affected”). (2) In deciding whether to award exemplary damages under section 34 or the amount of such damages to award (whether to one or more of the persons affected), the court must take account of any settlement or compromise by any persons of a claim in respect of the conduct. (3) But the court may take account of any such settlement or compromise only if the defendant agrees. (4) If the court awards exemplary damages under section 34 to two or more of the persons affected, the total amount awarded must be such that it does not punish the defendant excessively. (5) If the court awards exemplary damages under section 34 to one or more of the persons affected, no later claim may be made for exemplary damages as regards the conduct.