Eleni Katsampouka - Böcker

This first book dedicated exclusively to the remedy of punitive damages combines empirical, historical and doctrinal analysis to illustrate the practical operation of the remedy, assessing its appropriateness. In part one, the author explores the law and its normative underpinnings. The second part provides an empirical survey of nearly 600 decisions delivered by courts at first instance and on appeal between 1964 and 2020 in England and Wales. The final part examines the main limitations on the availability of punitive damages in light of the normative basis of the remedy.

Punitive damages are private law’s most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally.The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy’s availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.