Defamation Causation Damages and Award in UK Law

  • 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 ......
  • Reconsidering Disgorgement for Wrongs
    • Núm. 62-2, Marzo 1999
    • The Modern Law Review
    ......’, 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 ... does not properly characterise the remedy awarded. This is all the more so with cases where the ... secured damages claims eg damages for defamation might be secured against the profits derived by ......
  • ASSAULT ON THE LAW OF TORT
    • Núm. 38-2, Marzo 1975
    • The Modern Law Review
    ...... 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 ... versus Punishment in Damages Awards (1965) 28 M.L.R. 629. and “ In ... Principles of causation too seem to be lifted directly from the ......
  • The Currency of Freedom
    • Núm. 20-4, Diciembre 2011
    • Social & Legal Studies
    ......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, ... 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 ......
  • Negligence and Human Rights Law: The Case for Separate Development
    • Núm. 76-2, Marzo 2013
    • The Modern Law Review
    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, ... the HRA, and why no damages were to be awarded unless necessary to provide just satisfaction. It ... a more relaxed approach was taken to causation under the Convention than in English tort law. 35 ......
  • What does it mean to suffer loss? Haxton v Philips Electronics
    • Núm. 77-6, Noviembre 2014
    • The Modern Law Review
    In Haxton v Philips Electronics the Court of Appeal considered whether a widow could recover the diminution in value of her dependency claim following the defendant's tortious reduction of her life...
    ...... of an electrician brought an action for damages on behalf of his estate under the Law Reform ...1 Save for defamation actions and claims for bereavement damages: Law ... case; nor did it raise the kind of causation issues arising in cases involving the ... that a standard sum of £2,000 is awarded for loss of expectation of life, 53 allowing the ......
  • Tort, Insurance and Ideology: Further Thoughts
    • Núm. 75-3, Mayo 2012
    • The Modern Law Review
    This article explores the impact of insurance arrangements on the development of the law of obligations. It is accepted orthodoxy that the existence or otherwise of a duty of care in tort should be...
    ...... of the standard of care and causation principles. It is further suggested that ... himself to an action by the assured for damages representing the amount by which the damages ... insurers, 23 because it is the judgment or award against the assured,or the settlement by him, ... if insurance against liability for defamation became compulsory then there would be a flood of ......
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