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.
Eleni Katsampouka is Fellow and Lecturer in Law at Christ's College Cambridge, UK.
1. IntroductionPart One: The Law of Punitive Damages2. The English Law of Punitive Damages3. The Law in Other Jurisdictions4. The Empirical EvidencePart Two: Reassessing the Desirability of Punitive Damages5. Arguments against punitive damages6. Arguments in favour of punitive damagesPart Three: Reassessing Restrictions in the English Law of Punitive Damages7. The Rookes v Barnard Categories8. ‘Cause of Action Restrictions’9. Conclusion