Non Pecuniary Remedies in UK Law

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

  • Scott v Musial
    • Court of Appeal
    • 06 Julho 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).

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

  • Representative Claimants v Mgn Ltd
    • Court of Appeal (Civil Division)
    • 17 Dezembro 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.

  • Richardson v Howie
    • Court of Appeal (Civil Division)
    • 13 Agosto 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.

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  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • 01 de Janeiro de 2015
    ... ... additional documents;“public contracts” means contracts for pecuniary interest concluded in writing between one or more economic operators and ... of the rights, powers, liabilities, obligations, restrictions, remedies and procedures mentioned in that section;“SPD” means the Single ... ...
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • 01 de Janeiro de 2016
    ... ... (a) (a) for pecuniary interest concluded in writing by means of which one or more contracting ... 5 ... Remedies PART 5 ... Remedies ... CHAPTER 1 ... Facilitation of remedies ... ...
  • Copyright, Designs and Patents Act 1988
    • UK Non-devolved
    • 01 de Janeiro de 1988
    ... ... for infringement of the right the court shall, in considering remedies, take into account any delay in asserting the right ... 79: Exceptions ... take into account—(i) the terms of the licence, and(ii) any pecuniary remedy already awarded or available to either of them in respect of the ... ...
  • Proceeds of Crime Act 2002
    • UK Non-devolved
    • 01 de Janeiro de 2002
    ... ... (5) If a person obtains a pecuniary advantage as a result of or in connection with conduct, he is to be taken ... 127: Restraint orders: restriction on proceedings and remedies ... (1) While a restraint order has effect, the court may sist any ... ...
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