Non Pecuniary Remedies in UK Law

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

  • Beechwood Birmingham Ltd v Hoyer Group UK Ltd
    • Court of Appeal
    • 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).

  • 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
    • 13 Aug 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
    • 17 Dec 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.

  • Lesotho Highlands Development Authority v Impregilo SpA
    • Court of Appeal
    • 31 Jul 2003

    By Article 7.2 of their Terms of Reference (see para 12 above) the arbitrators were bound to apply the law of the Kingdom of Lesotho to the substance of the dispute. That law was the law of the contract (see para 6 above), and by that law HWV were entitled as of substantive right to interest on sums which they ought to have been paid, subject to the "duplum" cap.

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Legislation
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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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