This book explores the theoretical foundations of human rights damages and it examines when such damages ought to be awarded, how they ought to be assessed, and the range of damages that ought to be available. The central thesis is that a vindicatory approach, modelled on the approach to damages for breach of basic rights in domestic tort law, ought to be adopted. A number of other approaches are analyzed in detail, including the current 'mirror' approach which ties the approach to damages to the European Court of Human Rights' approach to monetary compensation; an interest-balancing approach...

This collection of essays interrogates significant issues at the forefront of scholarship and legal practice in the field of money remedies in equity. Chapters address the contentious and developing field of equitable compensation, including: the nature of equitable compensation; the relevant causation inquiry for equitable compensation; whether notions of contribution apply to multiple agents; accessorial liability; the role of discretion in limiting equitable compensation; which wrongs yield equitable compensation; and the extent to which compensation in equity differs from money remedies...

This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including the Chief Justices of Australia and New Zealand and appellate judges from Canada and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law...

This book explores the theoretical foundations of human rights damages and examines when such damages ought to be awarded, how they ought to be assessed, and the range of damages that ought to be available to remedy a rights-breach.