Punitive Remedies in UK Law

  • 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 ... ...
  • Sexual Harassment In The Workplace: What Scottish Companies Need To Know
    • JD Supra United Kingdom
    We include the 2018 chapter in its entirety for reference following the 2019 update. Background - As part of last year’s Labour & Employment group paper, "Sexual Harassment in the Workplace: ...
    ... ... Committee Recommendation #7: Improved Remedies for Employment Tribunals (ETs) ... Improve the remedies that ETs may ... Furthermore, enable ETs to award punitive ... damages ... Government Response #7: Improved Remedies ... ...
  • An American Policyholder in London: English Choice of Law Clauses in United States Insurance Policies
    • JD Supra United Kingdom
    While certainly not the norm, it is not uncommon for insurance policies issued to companies based in the United States, particularly large commercial and excess policies brokered on the London Mark...
    ... ... with meaningful bad faith law, the incentive is provided through remedies such as attorneys' fees, prejudgment interest at higher-than-market rates and punitive damages that become available to an insured when its insurer unreasonably ... ...
  • Environment & Climate Change Laws And Regulations 2024
    • Mondaq UK
    ... ... remedies will be available if a representation is false or a ... warranty is ... Lloyd (Respondent) v Google LLC (Appellant) [2021] UKSC ... Punitive damages are theoretically possible but very rare; ... damages awarded do ... ...
  • International Comparative Legal Guide to International Arbitration 2019 - Chapter Thirty Two: England & Wales
    • JD Supra United Kingdom
    What, if any, are the legal requirements of an arbitration agreement under the laws of your jurisdiction? There are no formal requirements for an arbitration agreement to be valid. However, the ...
    ... ... are exceptions to the duty of confidentiality ... 13 Remedies / Interests / Costs ... 13.1 Are there limits on the types of ... damages) that are available in arbitration (e.g., ... punitive damages)? ... The parties are free to agree the scope of the ... ...
  • Designs For Life: Remedies
    • Mondaq UK
    ... ... excluded from recovery by public or social policy. It is rare (but ... not impossible) for a claimant to be awarded "punitive" ... damages, namely those which are purely intended to punish the ... defendant for its wrongdoing regardless of the claimant's ... There are two ... ...
  • Evolving Private Remedies For Competition Infringements In Europe: Class Actions In The U.K.
    • Mondaq UK
    ... ... Otherwise, the usual rule fee-shifting rules apply.[14] ... 3. Damages ... There will be no punitive or treble damages in collective proceedings.[15] However, the introduction of collective opt-out actions has the potential to increase the overall ... ...
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