Public Law Values in the Law of Damages: Recent Developments in the English Common Law

This paper examines the interaction between the English law of damages for civil wrongs and a wave of interest for public values which has gained momentum in the last ten to twenty years. Vindication is generally seen as a secondary aim of many, if not all, civil remedies. Very recent decisions of the Supreme Court of England and Wales deal with the issue of vindication as a primary aim. Their Lordships debate the issue of the compatibility of the so-called vindicatory damages with the English private law.

In particular, vindication as a legal response is considered in the context of the remedies for the violation of constitutional rights and as an award triggered by the perpetration of human rights wrongs. The latter have become increasingly more relevant after the enactment of the Human Rights Act 1998. The conclusion is that the social aspect of vindicatory damages constitutes a major cause of friction with the Common Law, because it collides with the liberal approach of the law of wrongs.

The working paper 'Public Law Values in the Law of Damages: Recent Developments in the English Common Law' can be found here.