Non Pecuniary Remedies in UK Law

  • 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 ......
  • Limitation of liability – wasted expenditure or loss of profits?
    • JD Supra United Kingdom
    In a recent decision on contractual interpretation of limitation of liability clauses, an ambiguous limitation of liability clause was found to be enforceable and ‘wasted expenditure’ was held to b...
    ...... that the ‘contractual benefit’ lost by the Trust was non-pecuniary rather than financial; the rebuttable presumption was not that the system ... against the parties having  agreed to give up or limit their remedies for breach of contract; provided the words are clear, the  court will ......
  • Macondo One Year On - Rules, Indemnities And Insurance
    • Mondaq United Kingdom
    ...... removal of the OPA $75 million liability limit, inclusion of non-pecuniary losses in the Death on the High Seas Act and Jones Act continue to be ... well), when potential liabilities are so large, contractual remedies are an imperfect risk transfer mechanism. By the end of May 2011, BP had ......
  • Alert: Civil Claims for Bribery: an Overview of the English and Common Law Position
    • JD Supra United Kingdom
    Take a simple bribery scenario. A foreign Government Minister is the key decision-maker for the award of a contract to build and operate infrastructure, say a toll road. A UK contractor wins the co...
    ...... On providing bribery, a state has a number of remedies:. . It is entitled, without needing to show it has suffered any ... The state would be entitled to recover all of its pecuniary losses from the conspirators. This could include the bribe itself, any ......
  • Commercial Contracts Bulletin - February 2014
    • Mondaq United Kingdom
    ...... The remedies available, the definition of "trade secret" and the laws governing what ... the person acquired knowledge of the trade secret in good faith, pecuniary compensation may be available instead of an injunction. The Directive ......
  • Changes to the Right of Access to Personal Data under the GDPR – the UK perspective on Employee Data
    • LexBlog United Kingdom
    In anticipation of the coming into force of the General Data Protection Regulation (GDPR) exactly a year from today, we are initiating a series of blog posts looking at the practical implications f...
    ......Alternatively, a complainant may seek court remedies. Note that under the GDPR, data subjects have a right to compensation from the controller even for non-pecuniary damages suffered. Q6: So what should we do to prepare for these changes?  ......
  • Energy Projects - Resolution of Investment Disputes through ICSID
    • Mondaq United Kingdom
    ...... may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention". The ... award pursuant to the Convention as binding and to enforce the pecuniary obligations imposed by the award as if it were a final judgment of the ......
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