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.

    The nature of the defendant's conduct calls for a further response from the courts. 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. Exemplary damages, as a remedy of last resort, fill what otherwise would be a regrettable lacuna.

    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
  • Working Time Regulations 1998
    • UK Non-devolved
    • January 01, 1998
    ......S-24 . Compensatory rest Compensatory rest . 24. Where the application of any provision of ...S-30 . Remedies Remedies . 30. —(1) A worker may present a complaint to an employment ......
  • Employment Act 2002
    • UK Non-devolved
    • January 01, 2002
    ...... under section 31 of that Act.’ (3) In section 112 (the remedies: orders and compensation), at the. end there is inserted— . . (5) ...order under section 113.’ . (5) In section 123 (compensatory award) at the end there is. inserted— . (8) Where the amount of the ......
  • The Consumer Credit (EU Directive) Regulations 2010
    • UK Non-devolved
    • January 01, 2010
    ...... S-95A . . “ Compensatory amount . 95A. —(1) This section applies where— . (a) (a) a regulated ... . S-55 . In Schedule 2 (forms of statement of protection and remedies.. . 55. In Schedule 2 (forms of statement of protection and remedies ......
  • Abolition of Feudal Tenure etc. (Scotland) Act 2000
    • Scotland
    • January 01, 2000
    ......S-8 . Requiring compensatory payment 8 Requiring compensatory payment . (1) Where a feuduty is ...remedies competent to a superior), 150 (debts affecting lands. exchanged for other ......
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Books & Journal Articles
  • A Proposal for a More Responsive Approach to the Regulation of Corporate Governance
    • Nbr. 23-2, June 1995
    • Federal Law Review
    ...... Practices Commission to be given access to a broader range of remedies to seek compliance with the Trade Practices Act 1974 (Cth). See ... This is the increasingly widespread use of compensatory remedies as mechanisms for the regulation of corporate governance. These ......
  • English Contract Law and the Efficient Breach Theory
    • Nbr. 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 ......
  • Bubbins v United Kingdom: Civil Remedies and the Right to Life
    • Nbr. 69-2, March 2006
    • The Modern Law Review
    This analysis considers the judgement of the European Court of Human Rights in Bubbins v United Kingdom.1 In this case the Court examined the shooting by the police of an unarmed individual. The Co...
    ...... the conduct of the police operationwhich culminated in the shooting, amount to a breach of Art.2? Secondly , in this s ituation,was the compensatory system in place i n the UK su⁄cient to meet the requirements of Art. 13?Th is case revealssomething of the relationship between Art.2 and Art. 13, ......
  • The European Court of Human Rights supervising the execution of its judgments
    • Nbr. 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 ......
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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 ......
  • Complex Commercial Litigation Law Review – England & Wales
    • JD Supra United Kingdom
    Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framewo...
    ......remedies beyond the terms of the contract. 1 Oliver Browne and Ian Felstead are ...injured party in England. i Compensatory damages. The primary remedy for breach of contract is an award of monetary ......
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