Punitive Remedies in UK Law

Leading Cases
  • Borders (UK) Ltd and Others v Commissioner of Police of the Metropolis and Another
    • Court of Appeal
    • 03 n 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 n 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
    • 12 m 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.

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

    The common law weapons to curb abuse of power by the executive had not been forged by the mid-eighteenth century. 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
    • 19 a 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 a 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
    • 17 n 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
Books & Journal Articles
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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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