Vindicatory Advantages
Student No.: 3035381726
Course Code & Course Name: LLAW 1008 The legal system of the Hong Kong SAR
Research Title (if applicable): Whether vindicatory damages shall be recognised in English law?
Word Count (if applicable): 2332
Introduction
In tort law, damages are remedy in the form of monetary compensation to the harmed party. There have been some cases concerning an award of vindicatory damages to recognise the infringement
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He agreed with Lord Dyson and Lord Collins that the vindicatory damages in the Ramanoop case was very much like exemplary damages as reflected in another Privy Council decision in Takitota v Attorney General (2009) 26 BHRC 578 and he did not think exemplary damages were suitable in this case. Besides, compensatory damages were not available because there was no actual impact on the individual falsely imprisoned. The measure left other than nominal damages was vindicatory damages. Lord Kerr did not rule out them in English tort law directly but stated that they would be available alone only when exemplary damages were not appropriate and a declaration of infringement of rights was insufficient to recognise the seriousness of the breach. It was a very wide qualification and in effect defeated vindicatory damages’ existence in English …show more content…
Uncertainty is the common concern. Declaratory relief fulfils the purpose of vindicating the wrong done by the executive which infringes the rights of individual. However, vindicatory damages in constitutional breaches are undecided. Given the fragmentation of the court on the case, the minority’s dicta may be of high persuasiveness in future cases, especially when the claimants can prove a fundamental, nearly constitutional right is breached. The lower courts may distinguish material facts from this case using Lord Brown’s approach and apply the Ramanoop principle to decide the case, while the Supreme Court may decide whether the Ramanoop case is applicable in English
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