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Vol 23 No 10 Oct/Nov 2018

Book of the Month

Cover of Civil Fraud: Law, Practice and Procedure

Civil Fraud: Law, Practice and Procedure

Edited by: Thomas Grant, David Mumford
Price: £219.00

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Blackstone 2019
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A Company's Right to Damages for Non-Pecuniary Loss


ISBN13: 9781316504970
To be Published: December 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2016)
Price: £21.99
Hardback edition , ISBN13 9781107139275



Applying appropriate legal rules to companies with as much consistency and as little consternation as possible remains a challenge for legal systems.

One area causing concern is the availability of damages for non-pecuniary loss to companies, a disquiet that is rooted in the very nature of such damages and of companies themselves.

In this book, Vanessa Wilcox presents a detailed examination of the extent to which damages for non-pecuniary loss can be properly awarded to companies. The book focusses on the jurisprudence of the European Court of Human Rights and English law, with a chapter also dedicated to comparative treatment. While the law must be adaptable, Wilcox concludes that considerations of coherency, certainty and ultimately justice dictate that the resulting rules should conform to certain core legal principles.

This book lays the foundation for further comparative research into this topic and will be of interest to both the tort law and broader legal community.

Subjects:
Company Law, Tort Law
Contents:
Preface

Part I. Background:
1. Introduction
2. Corporations, damage and damages

Part II. The European Court of Human Rights:
3. Corporate rights under the European Convention on Human Rights
4. Case law of the court on non-pecuniary damages to corporations

Part III. English Law:
5. Tort law and the corporation
6. Aggravated damages for corporate victims?
7. Attributing the non-pecuniary damage suffered by individuals to the corporate victim

Part IV. Comparative Analysis and Conclusion:
8: Corporations and non-pecuniary damages in a comparative perspective
9: Conclusion.