A Practical Guide to Non-Pecuniary Damages in Human Rights Act Claims

Trying to calculate damages for your client? Is that offer reasonable? Are you simply navigating the volume of case law on just satisfaction in human rights claims? This book is your guide.

This is a practical guide to a fundamental issue in claims made pursuant to the Human Rights Act 1998. The jurisprudence on damages has been described repeatedly as lacking coherence, discernible consistency or being so context-dependent that it is impossible to derive overarching principles. Whilst many domestic courts have attempted to grapple with the “working out”, your clients will want the final answer; how much? With that question in mind, this book aims to guide practitioners through the variety of contexts where non-pecuniary damages have been awarded, both in the United Kingdom or against the United Kingdom by the European Court of Human Rights (and occasionally straying a little further afield).

This book is organised by the main right in issue, and further organised thematically. It highlights the principles established in the award of damages and provides a comprehensive anthology of most (if not all, at the date of publication) of the cases where non-pecuniary damages have been awarded to provide just satisfaction.