Punitive Remedies in UK Law

Leading Cases
  • Borders (UK) Ltd and Others v Commissioner of Police of the Metropolis and Another
    • Court of Appeal (Civil Division)
    • 03 March 2005

    First, in my judgment, Part VI of the 1988 Act was not intended to negate a proper claim for exemplary damages in civil proceedings. But it plainly contemplates that the victim's proper civil claims are to be preserved and is a strong indication that the Crown Court should usually avoid double counting—see also the discretionary safeguards in section 72AA.

  • Attorney General of Trinidad and Tobago v Ramanoop
    • Privy Council
    • 23 March 2005

    An award of compensation will go some distance towards vindicating the infringed constitutional right. The fact that the right violated was a constitutional right adds an extra dimension to the wrong. An additional award, not necessarily of substantial size, may be needed to reflect the sense of public outrage, emphasise the importance of the constitutional right and the gravity of the breach, and deter further breaches.

  • John v MGN Ltd
    • Court of Appeal (Civil Division)
    • 12 December 1995

    In assessing the appropriate damages for injury to reputation the most important factor is the gravity of the libel; the more closely it touches the plaintiff's personal integrity, professional reputation, honour, courage, loyalty and the core attributes of his personality, the more serious it is likely to be. The extent of publication is also very relevant: a libel published to millions has a greater potential to cause damage than a libel published to a handful of people.

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 February 1972

    It would embrace all persons purporting to exercise powers of government, central or local, conferred upon them by statute or at common law by virtue of the official status or employment which they held.

  • Thompson v Commissioner of Police of the Metropolis
    • Court of Appeal (Civil Division)
    • 19 February 1997

    Such damages can be awarded where there are aggravating features about the case which would result in the plaintiff not receiving sufficient compensation for the injury suffered if the award were restricted to a basic award.

  • Kuddus v Chief Constable of Leicestershire Constabulary
    • House of Lords
    • 07 June 2001

    Exemplary damages or punitive damages, the terms are synonymous, stand apart from awards of compensatory damages. They are additional to an award which is intended to compensate a plaintiff fully for the loss he has suffered, both pecuniary and non-pecuniary. They are intended to punish and deter.

  • Mafo v Adams
    • Court of Appeal (Civil Division)
    • 17 October 1969

    As I understand Lord Devlin's speech, the circumstances in which exemplary damages may be obtained have been drastically reduced, but the range of offences in respect of which they may be granted has been increased, and I see no reason since Rookes, v Barnard why, when considering a claim for exemplary damages, one should regard the nature of the tort as excluding the claim.

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Legislation
  • Private International Law (Implementation of Agreements) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ...... extent that, the judgment awards damages, including exemplary or punitive damages, that do not compensate a party for actual loss or harm suffered. ... apply to rights, powers, liabilities, obligations, restrictions, remedies and procedures that are derived from— . (a) the Convention on ......
  • Crime and Courts Act 2013
    • UK Non-devolved
    • January 01, 2013
    ...... . . (c) other remedies would not be adequate to punish that conduct. . (7) Exemplary damages ... 1 . Community orders: punitive elements Part 1 . Community orders: punitive elements . SCH-16.1 .   . ......
  • Welsh Language (Wales) Measure 2011
    • Wales
    • January 01, 2011
    ...... with those standards of conduct that are created, and create remedies for failures to comply with them; and. . . (i) create the Welsh ... . . (f) the award of costs (including, but not limited to, punitive costs) or expenses;. . . (g) assessing or otherwise settling any such ......
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Books & Journal Articles
  • Sexual Harassment and Australian Anti-Discrimination Law
    • Nbr. 7-1-4, September 2005
    • International Journal of Discrimination and the Law
    This paper examines the law of sexual harassment in Australia and concludes that, while there is extensive legislative coverage at Commonwealth, State and Territory levels, this coverage is uneven....
    ...... respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. ......
  • Bringing Effective Remedies Home: The Inter-American Human Rights System, Reparations, and the Duty of Prevention
    • Nbr. 22-3, September 2004
    • Netherlands Quarterly of Human Rights
    This article explores how the Inter-American Court of Human Rights applies pecuniary and non-pecuniary reparations judgments in an effort to compel States to comply with the duty of prevention and ...
    ......In conclusion, the author proposes that the Court begin to use punitive measures in order to compel States to begin erecting internal remedies at home and thus strengthening domestic protection of human rights. 1. ......
  • The Probation Officer's Place in the Penal System
    • Nbr. 15-2, June 1969
    • Probation Journal
    ...... the service so long and successfully associated with non-punitive work is required to exercise new forms of supervision after ... aware than social workers of the urgent need to find remedies, including non-punitive remedies, for the faults that bring young ......
  • Legal questions on financial market abuse. Criminal punishment penalties versus private law remedies
    • Nbr. 22-1, January 2015
    • Journal of Financial Crime
    • 28-36
    Purpose: – The purpose of this study is to underline the impact that globalization of financial markets has on national punishment policies. The US financial crisis has strongly affected consumers’...
    ...... process, this study highlights some questionsconcerning mainly three aspects: the level of censorship; forms and nature of responsibility; punitivemodels and their micro- and macro-economic effects.Originality/value – The study offers insights into the possible answers in terms of criminal ......
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Law Firm Commentaries
  • SEC: Time Out?
    • Mondaq UK
    ...... in 2017 have found that actions brought by the SEC which are punitive in nature, regardless of any monetary sanction, are subject to statutory ... in New Jersey threw the SEC's case out on the basis that the remedies sought were still punitive in nature; the sanctions sought would ......
  • Use Of NDAs In Discrimination Cases
    • Mondaq UK
    ......These include:. Remedies: the WESC had recommended various increases to the remedies available in exual harassment claims: an introduction of punitive damages, a presumption that employers would pay the employee's legal costs ......
  • ERISA Implications For A Personal Accident Claim In The US
    • Mondaq UK
    ...... Secondly, the remedies and relief available under ERISA are also different as compared to those ... participant cannot recover extra-contractual, compensatory, or punitive/bad faith damages under ERISA - remedies that are only typically available ......
  • Women And Equalities Select Committee Report On NDAs
    • Mondaq UK
    ...... time limits in other discrimination claims;   Improving the remedies available in discrimination claims, to include a significant increase in he Vento bands, punitive damages and a presumption that the employer will bear an employee's costs ......
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