Non Pecuniary Remedies in UK Law

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

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

  • Hebridean Coast, The, Owners of Steamship Lord Citrine v Owners of Motorship or Vessel Hebridean Coast
    • House of Lords
    • 21 December 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 July 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 August 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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Legislation
  • The Concession Contracts Regulations 2016
    • UK Non-devolved
    • January 01, 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 ... ...
  • The Public Contracts Regulations 2015
    • UK Non-devolved
    • January 01, 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 ... ...
  • Limitation Act 1980
    • UK Non-devolved
    • January 01, 1980
    ... ... of action has accrued to recover(a) any debt or other liquidated pecuniary claim; or(b) any claim to the personal estate of a deceased person or to ... 152(4), Sch. 7 ... 36: Equitable jurisdiction and remedies ... (1) The following time limits under this Act, that is to say(a) the ... ...
  • Arbitration (International Investment Disputes) Act 1966
    • UK Non-devolved
    • January 01, 1966
    ... ... (4) In addition to the pecuniary obligations imposed by the award, the award shall be registered for the ... may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention ... ...
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Books & Journal Articles
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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 signi...
    ... ... 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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