Non Pecuniary Remedies in UK Law

Leading Cases
  • Beechwood Birmingham Ltd v Hoyer Group UK Ltd
    • Court of Appeal (Civil Division)
    • 10 Jun 2010

    Thus the net result of the shipping cases can be stated as follows. Where a substitute vessel is hired in to fulfil the role of the damaged vessel, the costs of hiring in are recoverable. Where the claimant's fleet is sufficient to provide a standby, then an award may be made based upon the expenses of keeping that standby, which means not only the expenses of daily upkeep but something representing the amount of capital employed in having another ship available.

    In that respect, perusal of the Current Law Year Books yields references to awards in County Courts up and down the country of conventional weekly sums based not upon car hire rates but on a modest rising scale from £40 or £50 per week in 1995 to £100 per week in 2005 in respect of disruption and inconvenience caused to individual claimants for loss of use of their private motor car during periods of repair in cases where, for reasons of impecuniosity or otherwise, no substitute vehicle has been hired by, or otherwise made available to, the claimant (see for instance Zubair v Younis [1995] CLY para. 1625; Ballard Digital Equipment ibid para. 626; Houghton v Mears ibid para. 1622 and Mullins v Phillips [2005] CLY para. 963; Brown v P E Thorpe and Sons ibid para. 964).

  • Hebridean Coast, The, Owners of Steamship Lord Citrine v Owners of Motorship or Vessel Hebridean Coast
    • House of Lords
    • 21 Dic 1960

    The task of assessing damages is easier with a profit-earning ship and depends on the probability that she would have earned so much money if her owner could have used her. With a non-profit-earning ship there is no direct financial loss and one must ask what harm was done to the owner by his being deprived of the use of his ship. Then comes what may be a very difficult task, to put a value in money on the harm which the owner has suffered.

  • Scott v Musial
    • Court of Appeal
    • 06 Jul 1959

    But, as the Court of Appeal will only have the figure, as announced by the Jury, to consider, the Court will have to decide, upon a consideration for the figure itself, whether it appears so excessive or so inadequate that no twelve reasonable jurors could reasonably have awarded it; or, stated otherwise, whether the figure appears to be out of all proportion to the circumstances of the case (see the speech of Lord Wright in Mechanical and General Inventions Company Limited V. Austin Motor Company Limited, reported in 1935 Appeal Cases).

  • Richardson v Howie
    • Court of Appeal (Civil Division)
    • 13 Ago 2004

    It is and must be accepted that at least in cases of assault and similar torts, it is appropriate to compensate for injury to feelings including the indignity, mental suffering, humiliation or distress that might be caused by such an attack, as well as anger or indignation arising from the circumstances of the attack.

  • Representative Claimants v Mgn Ltd
    • Court of Appeal (Civil Division)
    • 17 Dic 2015

    Damages in consequence of a breach of a person's private rights are not the same as vindicatory damages to vindicate some constitutional right. In the present context, the damages are an award to compensate for the loss or diminution of a right to control formerly private information and for the distress that the respondents could justifiably have felt because their private information had been exploited, and are assessed by reference to that loss.

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Legislation
  • Arbitration (International Investment Disputes) Act 1966
    • UK Non-devolved
    • 1 de Enero de 1966
    ......the other provisions of this Act. . (3) Where any pecuniary obligation imposed by the award. is expressed in a currency other than the ... may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention. ......
  • Copyright Act 1956
    • UK Non-devolved
    • 1 de Enero de 1956
    ...... III . Remedies for Infringements of Copyright Part III . Remedies for Infringements of ...to any damages or to any other pecuniary remedy (except costs). if it is proved or admitted that, at the time of ......
  • Serious Crime Act 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ...... . "(6A) A person who obtains a pecuniary advantage as a result of or in connection with conduct is to be taken to ... . . (b) any criminal liability;. . . (c) any civil remedies under the Protection from Harassment Act 1997;. . . (d) any right to an ......
  • Referendums (Scotland) Act 2020
    • Scotland
    • 1 de Enero de 2020
    ...... in breach of the officer’s official duty if the officer remedies that act or omission in full by taking steps under subsection (1). . (5) ... . “money” and “pecuniary reward” (except in schedule 3 and paragraph 12 of schedule 6) include— ......
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Books & Journal Articles
  • Bringing Effective Remedies Home: The Inter-American Human Rights System, Reparations, and the Duty of Prevention
    • Núm. 22-3, Septiembre 2004
    • Netherlands Quarterly of Human Rights
    This article explores how the Inter-American Court of Human Rights applies pecuniary and non-pecuniary reparations judgments in an effort to compel States to comply with the duty of prevention and ...
    ......L APLANTE * Abstract This article explores how the Inter-American Court of Human Rights applies pecuniary and non-pecuniary reparations judgments in an effort to compel States to comply with the duty of prevention and non-repetition as embodied in Article ......
  • Satisfying Claims? Money, Tort, and ‘Consumer Society’
    • Núm. 20-4, Diciembre 2011
    • Social & Legal Studies
    ...... between monetary damages – the focus here being on non-pecuniary harm – and insurance. Of course, the relationship between tort and ... Currency of Justice is that it identifies the monetization of remedies for such harm as the key to allowing the interface with insurance to ......
  • The Currency of Freedom
    • Núm. 20-4, Diciembre 2011
    • Social & Legal Studies
    ...... between monetary damages – the focus here being on non-pecuniary harm – and insurance. Of course, the relationship between tort and ... Currency of Justice is that it identifies the monetization of remedies for such harm as the key to allowing the interface with insurance to ......
  • Solène Rowan, Remedies for Breach of Contract. A Comparative Analysis of the Protection of Performance, Oxford: Oxford University Press, 2012, 265 pp, hb £60.00.
    • Núm. 77-3, Mayo 2014
    • The Modern Law Review
    ......Examples of a more flexible approach can be a widening of the exceptions to the general principle that non-pecuniary loss cannot be compensated, and the introduction of gain-based monetary awards where compensatory damages are inadequate (166). The more difficult ......
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Law Firm Commentaries
  • Landmark Decision In Vidal-Hall v Google Inc
    • Mondaq UK
    ......The implications this will have as to remedies, limitation periods and vicarious liability will be considered as and when ... section 13(2) of the DPA, which limits the right to non-pecuniary damages, on the grounds that this conflicts with the rights granted in ......
  • UK Residents Can Sue Google Inc In England For Misuse Of Private Information
    • Mondaq UK
    ...... be broader implications from its conclusions, for example as to remedies, limitation and vicarious liability and such points will need to be ... "damage" and found that it does not distinguish between pecuniary and non-pecuniary damage. There was no linguistic reason to interpret the ......
  • UK Court of Appeal Establishes Data Protection Rights in Privacy Case
    • LexBlog United Kingdom
    A recent English Court of Appeal judgment could significantly broaden the circumstances in which data protection litigation can be brought – and damages can be awarded – under English law. Backgrou...
    ...... of a claim for misuse of private information; whether pecuniary loss is an essential element in order to bring a claim for damages under ... as a tort may have broader implications, such as in relation to remedies (under which damages would no longer be discretionary), limitation periods ......
  • English Court of Appeal Decision Significantly Expands UK Privacy Law
    • LexBlog United Kingdom
    Dan Cooper and Phil Bradley-Schmieg On March 27, 2015, the England and Wales Court of Appeal (EWCA) handed down a historic judgment in Google Inc v. Vidal-Hall & Ors [2015] EWCA Civ 311, with s...
    ......distress) in the absence of pecuniary (financial) damage, must be disregarded. These findings will have ... also having important consequences regarding vicarious liability, remedies, and limitation.  The latter dramatically lowers the bar for litigation ......
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