Compensatory Remedies in UK Law

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Leading Cases
  • Kuddus v Chief Constable of Leicestershire Constabulary
    • House of Lords
    • 07 June 2001

    Exemplary damages or punitive damages, the terms are synonymous, stand apart from awards of compensatory damages. They are additional to an award which is intended to compensate a plaintiff fully for the loss he has suffered, both pecuniary and non-pecuniary. They are intended to punish and deter.

    Punishment is a function par excellence of the criminal law, rather than the civil law. But in Rookes v Barnard [1964] AC 1129 the House recognised that there are circumstances where, generally speaking, the conduct is not criminal and an award of exemplary damages would serve a useful purpose in vindicating the strength of the law.

    From time to time cases do arise where awards of compensatory damages are perceived as inadequate to achieve a just result between the parties. On occasion conscious wrongdoing by a defendant is so outrageous, his disregard of the plaintiff's rights so contumelious, that something more is needed to show that the law will not tolerate such behaviour. Without an award of exemplary damages, justice will not have been done.

    In my opinion the power to award exemplary damages in such cases serves to uphold and vindicate the rule of law because it makes clear that the courts will not tolerate such conduct. It serves to deter such actions in future as such awards will bring home to officers in command of individual units that discipline must be maintained at all times.

  • Rowlands v Chief Constable of Merseyside Police
    • Court of Appeal (Civil Division)
    • 20 December 2006

    Whether damages awarded to compensate the claimant for distress, humiliation and injury to feelings are treated as part of the basic damages (as Thomas L.J. suggested in Richardson v Howie [2004] EWCA Civ 1127, (unreported, 13 th August 2004)) or are separately identified by the name of aggravated damages, the important factor to bear in mind is that they are primarily intended to be compensatory, not punitive.

    Only by this means can awards of an adequate amount be made against those who bear public responsibility for the conduct of the officers concerned.

  • Alltrans Express Ltd v CVA Holdings Ltd
    • Court of Appeal (Civil Division)
    • 10 November 1983

    Before a court can interfere it must be shown that the judge has either erred in principle in his approach, or has left out of account, or taken into account, some feature that he should, or should not, have considered, or that his decision is wholly wrong, because the court is forced to the conclusion that he has not balanced the various factors fairly in the scale.

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Legislation
  • The Consumer Credit (EU Directive) Regulations 2010
    • UK Non-devolved
    • January 01, 2010
    ... ... “ Compensatory amount ... 95A. —(1) This section applies where— ... (a) (a) a ... In Schedule 2 (forms of statement of protection and remedies ... 55. In Schedule 2 (forms of statement of protection and remedies ... ...
  • Employment Act 2002
    • UK Non-devolved
    • January 01, 2002
    ... ... (3) In section 112 (the remedies: orders and compensation) , at the end there is inserted—“(5) ... (5) In section 123 (compensatory award) at the end there is inserted—“(8) Where the amount of the ... ...
  • Trade Union and Labour Relations (Consolidation) Act 1992
    • UK Non-devolved
    • January 01, 1992
    ... ... 19, s.12; S.I. 1993/1908, art. 2(1), Sch.1 ... 45C: Remedies and enforcement ... (1) A member of a trade union who claims that the ... being imposed by F108section 124(1) of that Act (maximum compensatory award in such cases) ; ... (8A) If on the date on which the ... ...
  • Employment Rights (Northern Ireland) Order 1996
    • UK Non-devolved
    • January 01, 1996
    ... ... S-58 ... Complaints and other remedies Complaints and other remedies ... 58. Article 55 does not affect the ... (b) (b) a compensatory award (calculated in accordance with Articles 157, 158, 160 to 162) ... ...
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Books & Journal Articles
  • English Contract Law and the Efficient Breach Theory
    • No. 22-3, June 2015
    • Maastricht Journal of European and Comparative Law
    The ‘efficient breach’ theory holds that remedial orders, namely specific performance, compensatory damages and restitutionary damages for wrongs, should be designed in such a way as to maximize th...
    ... ... holds that remedial orders, namely speci c performance, compensatory damages and restitut ionary damages for wrongs, should be de signed in ... s in adopting the EBT a nd justify t he existing scheme of remedies for breach of contract in t he English contract l aw on (non e ... ...
  • The European Court of Human Rights supervising the execution of its judgments
    • No. 37-3, September 2019
    • Netherlands Quarterly of Human Rights
    The European Convention on Human Rights (‘Convention’) provides that the Committee of Ministers shall supervise the execution of the European Court of Human Rights’ (‘Court’) judgments. This articl...
    ... ... 119 The Court, therefore, assesses compensatory remedies, which ‘provide for damages to persons 110. Isayeva v Russia ... ...
  • Profits from Wrongdoing: Private and Public Law Perspectives
    • No. 62-2, March 1999
    • The Modern Law Review
    ... ... in line with the recent tendency to challenge the traditional compensatory remedy for breach of contract. Challenges to the traditional view The ... enrichment 8 and to extend the circumstances when restitutionary remedies are available. 9 Second, they reflect the development of restitutionary ... ...
  • Remedies for breaches of prisoners’ rights in the European Prison Rules
    • No. 11-4, December 2020
    • New Journal of European Criminal Law
    This article looks into the architecture of remedies for breaches of the right of prisoners not to be subjected to inadequate conditions of detention under the revised 2020 European Prison Rules (E...
    ... ... of imprisonment and conditions of life in prison, the Court differentiates betweentwo types of remedies under Art 13: preventive and compensatory. Preventive remedy aims at thecessation of the impugned situation and, to be effective, it must be capable of rapidly bringing theongoing violation ... ...
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Law Firm Commentaries
  • New Era Of Collective Actions In Europe?
    • Mondaq UK
    ... ... , 2018, introduces, in a proposal for a directive, an EU-wide compensatory redress mechanism to protect the collective interests of consumers. The ... having transparent funding arrangements); A variety of possible remedies in addition to injunctive relief (which is already available), in ... ...
  • ERISA Implications For A Personal Accident Claim In The US
    • Mondaq UK
    ... ... Secondly, the remedies and relief available under ERISA are also different as compared to those ... , the plan participant cannot recover extra-contractual, compensatory, or punitive/bad faith damages under ERISA - remedies that are only ... ...
  • Part-Time Working in the United Kingdom
    • Mondaq United Kingdom
    ... ... by way of a monetary award consisting of a basic award, a compensatory award and a possible award for injury to feelings. Reinstatement or gagement are possible remedies, but they are almost never ordered. Indeed, in these cases, reinstatement ... ...
  • Employers At Risk Of Paying More Than Statutory Cap On Unfair Dismissal Compensatory Awards In Some Cases
    • Mondaq UK
    ... ... paid by the employer but the employee then appealed the remedy, and ... at the second remedies hearing the tribunal calculated compensation ... at a higher amount well above the cap, the original sum paid should ... be deducted before applying ... ...
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