Defamation Causation Damages and Award in UK Law

Leading Cases
  • Heil v Rankin
    • Court of Appeal (Civil Division)
    • 13 Jun 2000
    ...... effectiveness of the present remedy for damages for monetary and non-monetary loss, with ... matter for specific consideration was "the award of damages for pain and suffering and other forms ... those situations, such as actions for defamation, false imprisonment and malicious prosecution, ... There were difficult issues of causation and Mr Heil has grounds of appeal against the ......
  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • Court of Appeal (Civil Division)
    • 04 Dic 1998
    ...... XVI Causation of loss XVII ...The plaintiffs' essential claim was for damages for the tort of misfeasance in public office. . ... to that which figures in the law of defamation, namely where the defendant either did not ... or brake of a public policy nature on the award of damages in such cases. For those reasons, I ......
  • Malik and Mahmud v Bank of Credit and Commerce International SA
    • House of Lords
    • 12 Jun 1997
    ...... So in March 1992 they sought to prove for damages in the winding up of B.C.C.I. The liquidators ...At trial he was awarded damages exceeding the amount of his salary for ... damages amounting to damages for defamation, damages being compensatory and not punitive, and ... of breach, the limiting principles of causation, remoteness and mitigation as well as the ......
  • Crawford Adjusters (Cayman) Ltd v Sagicor General Insurance (Cayman) Ltd
    • Privy Council
    • 13 Jun 2013
    ......'s counterclaim against Sagicor for damages. THE FACTS . 5 ... enforcement of Sagicor's undertaking, he awarded Hurlstone sums totalling $7.2m in respect ..., privilege under the law of defamation was only qualified, thus defeasible by proof of ..., or by abuse of process, and if its causation was foreseeable (irrespective of whether, as in ......
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Books & Journal Articles
  • Mapping Defamation Defences
    • Núm. 78-4, Julio 2015
    • The Modern Law Review
    The general neglect of tort defences is most significant in defamation actions. This paper attempts to reduce to a few guiding principles the numerous, and apparently unrelated, doctrines recognise...
    ......damages in respect of an injury to a character which he ... ,i t explains it through the lens of causation. Specifically, the argument would be to say that ... parties and payment of a money award makes it an alternative mechanism to resolve the ......
  • Satisfying Claims? Money, Tort, and ‘Consumer Society’
    • Núm. 20-4, Diciembre 2011
    • Social & Legal Studies
    ...... 20) The focus on regulatio n through damagesseems to take us out of the blind alley,and to give ... from the law of damages, including defamation law). I imagine, though with some hesitation, ... difference between such ‘conventional’ awards, and awards that attempt to compensate i n the ... abstract way than through mechanical causation: negligence does not only differ from the older ......
  • Tort Law for Cynics
    • Núm. 77-5, Septiembre 2014
    • The Modern Law Review
    Tort scholars have in recent years defended a ‘traditional’ or ‘idealist’ view of tort law. In the context of negligence this implies that the holder of a duty of care must make an effort not to vi...
    ...... care implies a legal requirement to pay damages for breach of that duty. This article defends the ... the fact that punitive damages are awarded in some common law jurisdictions against those ...Causation . McBride argues that ‘courts will sometimes ...Defamation law for the most part allows individuals to ......
  • The Compensation Culture: Cliché or Cause for Concern?
    • Núm. 37-4, Diciembre 2010
    • Journal of Law and Society
    The ‘compensation culture’ has featured frequently in the popular press over the last decade. There have, however, been comparatively few academic studies and such studies as there have been have l...
    ...... Culture and Our Propensity to Claim Damages for Personal Injury' (2007) 70 Modern Law Rev. ... them (such as the amount of damages awarded, the propensity to sue, an explosion in the ... failed to establish breach of duty and causation in relation to her husband's lung cancer. 25 ...DEFAMATION: A MIXED PICTURE Newspaper stories about ......
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Law Firm Commentaries
  • Complex Commercial Litigation Law Review – England & Wales
    • JD Supra United Kingdom
    Courts of England are some of the most established fora for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that govern litigation are robust and provide a clear framewo...
    ...... compensation – usually in the form of damages. . The burden is on the claimant to show, on the ...actual performance or breach. iii Causation. In order to bring a breach of contract claim, ....37 In successful claims, the court may award damages in tort and . rescission of the contract ...in media litigation, including defamation, breach of confidence or privacy, contempt, . ......
  • Complex Commercial Litigation Law Review – England and Wales
    • JD Supra United Kingdom
    The courts of England are some of the most established for dealing with complex commercial litigation. The Civil Procedure Rules (CPR) that apply to civil litigation are robust and provide a clear ...
    ...... compensation – usually in the form of damages.The burden is on the claimant to show, on the ... and claiming the contract price.iii CausationIn order to bring a breach of contract claim, the ....57 In successful claims, the court may award damages in tort and rescission of the contract ... in relation to data protection, defamation and breach of confidence/privacy. Ian regularly ......
  • Employment Law 2019 Review: Another Year Over...
    • Mondaq UK
    ...... Ltd (disclosures of alleged defamation of the worker), the Court of Appeal reminds us ...Penalty for breach is an additional award not specific performance (Mackenzie v Chancellor, ... Personal injury damages are potentially recoverable for failure to ... a 'looser connection' than strict causation. While claimants benefit from a rather loose ......
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