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Civil Law

7 recommendations 29% accepted

Tag overview

Government Response
Accepted (1)
Accepted in Part (1)
Not Accepted (5)
Recommendations in This Theme

recommendation across 1 inquiry

Across 1 inquiry

Leveson Inquiry

Tagged Recommendations

7 total
L26 Not Accepted Leveson Inquiry

Arbitration and Costs

It should be open any subscriber to a recognised regulatory body to rely on the fact of such membership and on the opportunity it provides for the claimant to use …

- Section 40 of the Crime and Courts Act 2013 would have allowed courts to consider regulatory membership when awarding costs in privacy and defamation …
UK Government
L69 Accepted in Part Leveson Inquiry

Review of Damages for Media Torts

There should be a review of damages generally available for breach of data protection, privacy, breach of confidence or any other media-related torts, to ensure proportionate compensation including for non-pecuniary …

- Section 168 of the Data Protection Act 2018 confirmed that compensation for distress (non-pecuniary loss) is available without requiring financial loss, applicable to all …
UK Government
L70 Not Accepted Leveson Inquiry

Civil Justice Council Damages Review

The Civil Justice Council should consider the level of damages in privacy, breach of confidence and data protection cases, being prepared to take evidence (from the Information Commissioner, the media …

- No published evidence that the Civil Justice Council conducted a review of the level of damages in privacy, breach of confidence and data protection …
UK Government
L71 Not Accepted Leveson Inquiry

Aggravated and Exemplary Damages

The Report of the Law Commission on Aggravated, Exemplary and Restitutionary Damages should be adopted in relation to its recommendations that legislation should provide that: (a) aggravated damages should only …

- The Law Commission Report on Aggravated, Exemplary and Restitutionary Damages (Law Com No. 247, 1997) recommended legislative reform of the damages framework. The Leveson …
UK Government
L72 Accepted Leveson Inquiry

Exemplary Damages for Media Torts

Exemplary damages (whether so described or renamed as punitive damages) should be available for actions for breach of privacy, breach of confidence and similar media torts, as well as for …

- Sections 34-39 of the Crime and Courts Act 2013 provide for exemplary damages against publishers not belonging to a recognised press regulatory body. These …
UK Government
L73 Not Accepted Leveson Inquiry

Civil Procedure Rules on Costs

The Civil Procedure Rules should be amended to require the court, when considering the appropriate order for costs at the conclusion of proceedings, to take into account the availability of …

- Section 40 of the Crime and Courts Act 2013 was enacted to provide costs protections linked to membership of a recognised press regulator and …
UK Government
L74 Not Accepted Leveson Inquiry

Qualified One Way Costs Shifting

In the absence of the provision of an approved mechanism for dispute resolution, available through an independent regulator without cost to the complainant, together with an adjustment to the Civil …

- This recommendation proposed enhanced legal aid or a cost-shifting mechanism for individuals bringing claims against publishers, in the absence of a recognised regulatory arbitration …
UK Government