The following Dispute Resolution practice note produced in partnership with Zainab Hodgson and Kavidha Clare of CMS provides comprehensive and up to date legal information covering:
This Practice Note considers the different categories of contractual damages that may be available for non-financial loss (non-pecuniary loss), ie punitive damages, damages for loss of enjoyment and loss of amenity, restitutionary damages and negotiating damages (previously known as ‘Wrotham Park damages’).
For guidance on contractual damages generally, see Practice Note: Contractual damages—general principles.
For guidance on claiming damages for financial (pecuniary) loss for breach of contract, see Practice Note: Contractual damages—pecuniary losses.
Damages for non-pecuniary loss are awarded only in exceptional cases. This is because their award is contrary to the general rule that damages are strictly compensatory in nature. They fall into the following categories:
damages for loss of enjoyment and loss of amenity
Punitive damages are awarded to an innocent party in circumstances where the defaulting party has conducted itself in such a way that the court considers that party should be punished.
Such damages are rare in tort cases and almost certainly irrecoverable in contract cases.
Punitive damages are generally awarded in excess of the claimant's loss, intended to punish the defendant rather than compensate the claimant and are also known as vindictive damages, exemplary damages or retributory dam
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Case number [insert number][In the principal registryORIn the [insert court location] FAMILY court]Sitting at [insert place]Notice of actingBetween[insert petitioner name]Petitionerand[insert respondent name]RespondentTake notice that we [insert name of firm] have been appointed to act as the
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