Punitive Remedies in UK Law
-
Sexual Harassment and Australian Anti-Discrimination 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....... ... with respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. The paper ... ...
-
Bringing Effective Remedies Home: The Inter-American Human Rights System, Reparations, and the Duty of Prevention
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 authorproposes that the Court begin to use punitive measures in order to compel States to begin erectinginternal remedies at home and thus strengthening domestic protection of human rights.1 ... ...
-
Legal questions on financial market abuse. Criminal punishment penalties versus private law remedies
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’...... ... chance to rise some questions concerning mainly three aspects:(1) the level of censorship;(2) forms and nature of responsibility; and(3) punitive models and their micro- and macro-economic effects.These questions are of enormous dimensions, so that this study does not pretend to giveanswers, ... ...
-
Effective Deterrence v Accessible Remedies: What Not to Borrow from US Discrimination Law
At a time when the UK consults on the appropriate powers and mission of a new single equality commission, the fight against discrimination must avoid unintentionally eroding the ability of the empl...... ... ).In the US, the social change project has appropriated the formal system foremployment discrimination dispute resolution by emphasizing punitive (exemp-lary) damages, class action lawsuits, and government funded strategic litigation tosend strong deterrent messages, with the result that that ... ...
-
Solène Rowan, Remedies for Breach of Contract. A Comparative Analysis of the Protection of Performance, Oxford: Oxford University Press, 2012, 265 pp, hb £60.00.
... ... It provides the most innovative discussion in the book and contains useful insights. The theme is approached through the discussion of punitive damages and the possibility of enforcing agreed remedies. Interestingly, these topics are not often taken up in discussions relating to the ... ...
-
Chapter 20: European Trends in Tort Law Remedies to Address Corporate Human Rights Abuses
... ... this purpose, the UNGPs suggest the following remedies: apologies, restitution, rehabilitation, financial or non-financial compensation, and punitive sanctions, as well as the prevention of harm through, for example, injunctions or guarantees of non-repetition ... 7 ... ...
-
EU Member States' Courts Versus U.S. Punitive Damages Awards for Physical Harm in Football: An Attempt at Defining Best Practice
... ... punitive damages at the enforcement stage. When a legal system itself contains punitive-like remedies in private law, it cannot declare punitive damages unenforceable by using the international public policy escape clause. 36 Member States would be ... ...
-
The Cjeu Decision in Stowarzyszenie ‘oławska Telewizja Kablowa’, C-367/15, and Punitive Damages in Copyright Law: a Portuguese Perspective
... ... wording of the CJEU decision, one should highlight that Article 3 of the Enforcement Directive provides that ‘the measures, procedures and remedies shall also be effective, proportionate and dissuasive’: are not punitive damages a dissuasive measure indeed?For the purpose of this analysis it is ... ...
-
Benchmarking Social Justice Allegiance of Dismissal Protections among the EE5 Countries
... ... Economic justice anticipates the so-called remedies for unfair/unlawful dismissal. The e conomic justice dimension pertains ... Punitive measures, particularly relating to unfair discrimination, should also be ... ...
-
Index
... ... Opportunity Doctrine: The Shifting Boundaries of the Duty and its Remedies 515 H ARRIS ,J ONATHAN Choice of Law in Tort —Blending in with the ... Torts 33 Constitutional Law, see PUBLIC LAW CONTRACT Damages 68 punitive damages 860 Deposits 255 Good faith 11 Misrepresentation statements of ... ...
See all results