Claimant-Focused Damages in the Law of Privacy

Jason Varuhas and Nicole Moreham (eds.), Remedies for Breach of Privacy (Oxford: Hart Publishing, 2018), 141-161

15 Pages Posted: 10 Sep 2019

See all articles by Eric Descheemaeker

Eric Descheemaeker

University of Melbourne - Law School

Date Written: April 1, 2017

Abstract

This paper examines the different types of claimant-focused damages available in English law for breach of privacy. Setting aside defendant-focused remedies such as restitutionary or punitive damages, it examines the relationship between compensatory, aggravated, vindicatory and nominal damages in the law of privacy. Emphasis is laid on the different (and incompatible) meanings the concept of “loss” can be construed to have in that area of the law, and the consequences this has on other types of awards.

Keywords: privacy, breach of privacy, compensatory damages, vindicatory damages, abstract losses, normative losses, aggravated damages, nominal damages

Suggested Citation

Descheemaeker, Eric, Claimant-Focused Damages in the Law of Privacy (April 1, 2017). Jason Varuhas and Nicole Moreham (eds.), Remedies for Breach of Privacy (Oxford: Hart Publishing, 2018), 141-161. Available at SSRN: https://ssrn.com/abstract=3446967

Eric Descheemaeker (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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