Punitive Remedies in UK Law

  • Broome v Cassell & Company Ltd
    • House of Lords
    • 23 February 1972
    ... ... v. Jones [1910] A.C. 20 , which had approved awards of punitive or exemplary damages on lines inconsistent with Lord Devlin's opinion in ... , of course, have their ordinary contractual or statutory remedies for contribution or indemnity so far as they may be applicable to the ... ...
  • Attorney General of Trinidad and Tobago v Ramanoop
    • Privy Council
    • 23 March 2005
    ... ... She distinguished from exemplary damages, of which a punitive element is an essential characteristic, an award of an amount which would ... where courts in other countries have considered the scope of the remedies a court may order in respect of constitutional infringements. Of ... ...
  • Kuddus v Chief Constable of Leicestershire Constabulary
    • House of Lords
    • 07 June 2001
    ... ... be made in appropriate cases in English law even though, being punitive in nature, such an award is inconsistent with the principle that damages ... , particularly in the last 20 years, in adapting the old remedies by prerogative writ and declaratory action to check unlawful abuse of ... ...
  • A.B. v South West Water Services Ltd
    • Court of Appeal (Civil Division)
    • 16 November 1992
    ... ... His reference at page 1114A-B to "the range of torts for which punitive damages may be given (trespass to person or property, false imprisonment ... ...
  • Mafo v Adams
    • Court of Appeal (Civil Division)
    • 17 October 1969
    ... ... of opinion that, since it is now clear that exemplary damages are punitive only and all cases of aggravation which results in additional injury to ... ...
  • Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & others
    • Chancery Division
    • 19 October 2007
    ... ... Lord Nicholls began his speech by a survey of the availability of remedies. Under the heading “Interference with rights of property” he quoted ... Germany) an award of exemplary or punitive damages is regarded as contrary to public policy. Nevertheless, the ECJ ... ...
  • Borders (UK) Ltd and Others v Commissioner of Police of the Metropolis and Another
    • Court of Appeal (Civil Division)
    • 03 March 2005
    ... ... so as to reflect the claimants' losses, these were in law punitive damages ... 14 For Mr Jordan, Mr Hellman, ... that s.71(1C) of the 1988 Act as amended recognises that civil remedies may coexist with criminal confiscation proceedings is inconclusive, ... ...
  • Allen and Others v Depuy International Ltd
    • Queen's Bench Division
    • 01 April 2015
    ... ... being brought in New Zealand or abroad claiming exemplary or punitive damages in respect of accidental personal injury covered by the ACA 2001 ... as to mode and form of trial, evidence and the availability of remedies ... 28 The question of the characterisation ... ...
  • Phonographic Performance Ltd v Andrew Ellis Trading as Bla Bla Bar
    • Court of Appeal (Civil Division)
    • 18 December 2018
    ... ... The remedies available to him are (i) an injunction to restrain any further invasion of ... ] 2 AC 122 at [51]: “Exemplary damages or punitive damages, the terms are synonymous, stand apart from awards of compensatory ... ...
  • Guppys (Bridport) Ltd (Plaintiffs v Harry Brookling (Defendant
    • Court of Appeal (Civil Division)
    • 20 July 1983
    ... ... an appellate court, the judge should attempt to extricate the punitive from the non-punitive element, and a study of those speeches leads me to ... 'any liability or remedy' which follows refers to liabilities or remedies which have an independent origin such as a breach of a contract of tenancy ... ...
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