Punitive damages

2019 ◽  
Author(s):  
Andrew Burrows
Keyword(s):  
Criminal Law ◽  
Punitive Damages ◽  
Turn On ◽  
The Law ◽  
Substantive Importance ◽  
Law Commission

Punitive or exemplary damages are damages whose purpose is to punish the defendant for his or her wrongful conduct. In Broome v Cassell Lord Hailsham said that he preferred the term ‘exemplary damages’ to ‘punitive damages’ as better expressing the policy of the law. English courts have subsequently followed Lord Hailsham’s preference. But in its Report on this area in 1997, the Law Commission recommended that the pre-Broome v Cassell terminology of ‘punitive damages’ was clearer and more straightforward and did not accept that this label deflected attention from the deterrence and disapproval aims of such damages. As the Law Commission said, ‘When one uses the term “punishment” in the criminal law, one does not thereby indicate that deterrence is not an important aim.’ Although nothing of substantive importance should turn on which label is adopted, the Law Commission’s approach is persuasive and the term ‘punitive damages’ is therefore preferred in this chapter and book.

20. Regulating Leases and Protecting Occupiers

2021 ◽  
pp. 754-777
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
New Approach ◽  
Turn On ◽  
The Status ◽  
Statutory Protection ◽  
The Law ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease, rather than a licence, and a new approach has recently been taken in Wales.

Prevention of Harm—Legislative Strategies for Law Reform

2008 ◽  
Vol 72 (3) ◽  
pp. 236-250 ◽  
Author(s):  
Clare Wade
Keyword(s):  
Crime Prevention ◽  
Criminal Law ◽  
Due Process ◽  
Law Reform ◽  
Criminal Sanctions ◽  
Serious Crime ◽  
Future Harm ◽  
The Law ◽  
Law Commission

This article looks at the development of preventative civil measures with criminal sanctions and the ways in which they are influencing criminal law. It argues that serious crime prevention orders in Part 1 of the Serious Crime Act 2007 are a part of this trend and further, that they undermine traditional notions of due process. The provisions of Part 1 of the Serious Crime Act 2007 are contrasted with Part 2 of the Act. The article also argues that the new inchoate offence of encouraging and assisting crime and the Law Commission proposals for conspiracy will provide sufficient measures against future harm therefore obviating the need for civil preventative orders.

scholarly journals The Willed Trance: Volition, Voluntariness and Hypnotised Defendants

2020 ◽  
pp. 002201832096355
Author(s):  
James Mason
Keyword(s):  
Criminal Law ◽  
Conventional Approach ◽  
Traditional Theory ◽  
Discussion Paper ◽  
England And Wales ◽  
The Law ◽  
Law Commission ◽  
Michael Moore

Traditionally, jurists have distinguished between voluntary/involuntary behaviour via the theory of volition. Though perceived as the conventional approach, this paper argues that the volitional understanding of voluntariness is an inadequate instrument for assessing complex behaviours which seemingly portray a striking level of intelligence and purposiveness on the part of the accused. In particular, the phenomenon known as hypnotically-induced behaviour, which forms the focus of this paper, is one such troublesome case. To this end, the version of the volitional theory most staunchly advocated by Professor Michael Moore is singled out for scrutiny, due to his strong sentiments supporting the application of his philosophy to these aforementioned behaviours. In contrast to Moore, this paper suggests that the position most recently proposed by the Law Commission of England and Wales within their discussion paper on the defences of insanity and automatism is to be preferred. Specifically, the Commission recommend substituting the theory of volition for that of ‘control’ as a means for assessing the voluntariness of any given behaviour. This paper submits that a theory of control has two major advantages over the traditional theory of volitionalism. First, the possession/absence of control more accurately reflects the contemporary system of criminal law in England and Wales. Second, a theory of control is more conceptually defensible as an explanation for why behaviours performed under hypnosis are typically perceived as involuntary.

scholarly journals In Search of a Suitable Model of Penal Code for Afghanistan

ICR Journal ◽  
2013 ◽  
Vol 4 (2) ◽  
pp. 298-303
Author(s):  
Tun Abdul Hamid Mohamad
Keyword(s):  
Criminal Law ◽  
Islamic Law ◽  
Civil Code ◽  
Penal Code ◽  
Suitable Model ◽  
The Law ◽  
Indian Penal Code ◽  
Law Commission

During the Moghul rule of what now constitutes India, Pakistan, Bangladesh and Afghanistan, the courts there administered the Shariah to the exclusion of Hindu law. Islamic law gave way to English criminal law with the increase of British influence in the Indian sub-continent. Before 1860, English criminal law, as modified to suit local circumstances, was administered in the Presidency-Towns of Bombay, Calcutta and Madras. The draft of the Indian Penal Code was prepared by the First Law Commission, chaired by Thomas Babington Macaulay. Its basis is the law of England. Elements were also derived from the Napoleonic Code and from Edward Livingston’s Louisiana Civil Code of 1825. Finally, the Indian Penal Code was passed into law on 6 October 1860. The Code came into operation on 1 January 1862.  

23. Regulating leases and protecting occupiers

2015 ◽  
Author(s):  
Ben McFarlane ◽  
Nicholas Hopkins ◽  
Sarah Nield
Keyword(s):  
Property Right ◽  
Turn On ◽  
The Status ◽  
Statutory Protection ◽  
The Law ◽  
Law Commission ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter reviews the statutory protection potentially available to B if he or she has a lease. It is shown that, in some cases, B can be seen as having a lease (at least, in the sense used by a particular statute) even if B has no property right. A lease can give B status: the status of a party qualifying for statutory protection. As the Law Commission has noted, however, it is questionable whether the availability of such protection should continue to turn on whether B has a lease rather than a licence.

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