Defamation Causation Damages and Award in UK Law
-
Mapping Defamation Defences
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 ... ...
-
Do Corporations Have an Immortal Part? - The Need to Prove Damage in Corporate Libel Baroness Hale's Dissent in Jameel v Wall Street Journal Europe SPRL [2006] UKHL 44
... ... cause of action capable of leading to an award of substantial damages. Other considerations ... , therefore, for awarding damages in defamation actions is to provide evidence of vindication for ... evidential uncertainty with regards to causation. One of these is the material contribution test ... ...
-
Tort Law for Cynics
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 ... On the idealist account the award of punitive damages is explained exclusively in ... Causation ... McBride argues that ‘courts will sometimes ... Defamation law for the most part allows individuals to ... ...
-
Satisfying Claims? Money, Tort, and ‘Consumer Society’
... ... insurance.4Retainingthe link betweencivil damages and criminaland regulatory sanctions,he adds ... from the law of damages, including defamation law). I imagine, thoughwith some hesitation, that ... abstract waythan through mechanical causation: negligence does not only differ from the ... The idea of a conventional award is precisely that it cannot be calculated in ... ...
-
The Compensation Culture: Cliché or Cause for Concern?
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 ... whereby lawyers take a percentage of the award; the first CFAs appeared in 1995 (created by 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 ... ...
-
Apologies and Civil Liability in the UK: a View from Elsewhere
... ... While defamation is not the core concern of this article, the fact ... as a remedy or at least as a mitigator of damages 17 17 Defamation Act 2005 s 38(1) (Australian ... Iowa Law Review 449; L Alexander, “Causation" and corrective justice; does tort law make sense?\xE2" ... where an interim damages award was made on the basis that the defender had ... ...
-
Reconsidering Disgorgement for Wrongs
... ... ’, rather than ‘restitutionary damages’, is used so as to better differentiate between ... Nevertheless, there is a causation test: only those gains derived from the breach ... a spade a spade’ and recognise that an award of mesne profits for trespass was a ... secured damages claims eg damages for defamation might be secured against the profits derived by ... ...
-
ASSAULT ON THE LAW OF TORT
... ... being that no one could recover 4 damages in tort for the death of another. 139 ... they will be left only with defamation and abuse of process and so on the ... Principles of causation too seem to be lifted directly from the ... that he should be granted a full award or any award at all.” It may be ... ...
-
The Currency of Freedom
... ... By mak- ing possible the us e of damages in civil la w and fines in crimi nal law, money ... from the law of damages, including defamation law). I imagine, though with some hesitation, ... abstract way than through mechanical causation: negligence does not only differ from the older ... 7. The idea of a conventional award is precisely that it cannot be calculated in ... ...
-
Negligence and Human Rights Law: The Case for Separate Development
A number of judges and academics have argued in favour of the convergence of negligence law with human rights law. By contrast, the thesis of this article is that the two legal orders should develo...... ... already been done in the privacy and defamation contexts (the areas of tort law in which the HRA ... rights’: Law Commission, Damages Under the Human Rights Act 1998 (Law Com No 266, ... a more relaxed approach was taken to causation under the Convention than in English tort law. 35 ... Blanchard J put it in a case concerning the award of damages under the New Zealand Bill of Rights ... ...
See all results