Tort / Personal Injury

Non-Compensatory Damages in English Law: A Reinterpretation

By Vaclav Janecek
New Arrival Hart Publishing May 2026

Specifications

ISBN-13
9781509981434
Publisher
Hart Publishing
Publication
May 2026
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This book gives the first detailed analysis of non-compensatory damages ('NCDs') as a category in English tort and contract law.

The book argues that most NCD awards are defined as those justified by damage to public interests and that they are in contrast to compensatory awards. The author argues that NCDs should be treated as a distinct class of awards. It shows how such a collective approach could be implemented in practice, without compromising the core tenets of the doctrines governing the award of NCDs. Offering both a unique theoretical framework and an emphasis on practical application, this will be of interest to both scholars and practitioners of English private law.

Table of Contents

Part I
1. Introduction
2. Defining Damages and Their Functions
3. Correlative and Non-Correlative 'Damage'
4. Analysing Non-Compensatory Damages

Part II: Public Interest Damages
5. Non-Compensatory Damages and Public Interests
6. The Case for a Collective Approach
7. The Way Forward
8. Conclusion
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