‘Damages for Violations of Public Interests’

“According to Lord Nicholls, it ‘is axiomatic … [that with] the anomalous exception of punitive damages, damages are compensatory’. Yet English law presently features several other categories of damages that are clearly not compensatory. Think of nominal, contemptuous, vindicatory, and disgorgement damages. Accordingly, the axiom could be restated as follows: Leaving aside the anomalous exception of non-compensatory damages (NCDs), damages are compensatory. Consistently with this, as I show in my article entitled ‘Public Interest Damages’, it is commonly observed that what unites NCDs is that they are not compensatory …” (more)

[Václav Janeček, Oxford Business Law Blog, 24 August]

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