Non Pecuniary Remedies in UK Law
-
Landmark Decision In Vidal-Hall v Google Inc
... ... 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
... ... 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
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...
-
English Court of Appeal Decision Significantly Expands UK Privacy Law
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...
-
Limitation of liability – wasted expenditure or loss of profits?
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
... ... 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 ... ...
-
Changes to the Right of Access to Personal Data under the GDPR – the UK perspective on Employee Data
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...
-
Alert: Civil Claims for Bribery: an Overview of the English and Common Law Position
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
... ... 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 ... ...
-
Energy Projects - Resolution of Investment Disputes through ICSID
... ... may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention" ... 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 ... ...
See all results