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Vol 24 No 12 Dec 19/Jan 20

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Remedies for Breach of Privacy

Edited by: Jason N E Varuhas, Nicole A. Moreham

ISBN13: 9781509915606
Published: May 2018
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00

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Over the last fifteen years privacy actions have been recognised at common law or in equity in Australia, Canada, New Zealand and the UK. Apex courts are now being called upon to articulate the law governing remedies, including in high profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic.

This book comprehensively analyses these developments and seeks to provide solutions to the issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance. Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law.

The book includes contributions by academics, practitioners and judges from across common law jurisdictions, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, and public law. By bringing together this range of perspectives the book offers authoritative insights into this cutting edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.

Remedies and Damages
1. Remedies for Breach of Privacy Jason NE Varuhas and NA Moreham
2. Privacy Injunctions and the Rule of Law Michael Tugendhat
3. Varieties of Damages for Breach of Privacy Jason NE Varuhas
4. Damages for Wrongdoing in the Absence of Loss Robert Stevens
5. Compensating for Loss of Dignity and Autonomy NA Moreham
6. Claimant-Focused Damages in the Law of Privacy Eric Descheemaeker
7. Invasion of Privacy and Recovery for Distress Megan Richardson, Marcia Neave and Michael Rivette
8. Gain-Based Relief for Breach of Privacy Katy Barnett
9. Apologies and Corrections as Remedies for Serious Invasions of Privacy Robyn Carroll
10. Remedial Consequences of Classification of a Privacy Action: Dog or Wolf, Tort or Equity? Barbara McDonald and David Rolph
11. Privacy Remedies Viewed Th rough an Equitable Lens PG Turner
12. Remedies for Breach of Privacy: A Study of a Different Hedgehog David Partlett
13. Remedies for Breach of Privacy in Canada Jeff Berryman
14. Damages for Interference with Privacy Under Statute: Th e New Zealand Privacy Act 1993 Rodger Haines
15. Determinations under the Privacy Act 1988 (Cth) as a Privacy Remedy Normann Witzleb
16. Invasion of Privacy: Cross-Border Implications Richard Garnett