Alternative Title

Unlocking Wrotham Park damages

Publication Type

Journal Article

Version

acceptedVersion

Publication Date

10-2017

Abstract

This article argues that Wrotham Park damages, if it is to be preserved as a term of art, is best understood as compensating the claimant for losing the ability to sue for future infringements. The claimant’s loss, which is prospective in nature, arises because the court, in exercise of the jurisdiction conferred by Lord Cairns’ Act, decides to award damages in lieu of an injunction as a means of achieving finality in the settlement of the dispute. The damages award is both the source of and the remedy for the loss. The recent attempts at expanding the availability of the remedy while ignoring this explanation have not only deprived the remedy of an underlying rationale but also opened the door to its indiscriminate award.

Keywords

Wrotham Park damages, remedies, compensation

Discipline

Transnational Law

Publication

Conveyancer and Property Lawyer

Volume

[2017]

Issue

5

First Page

339

Last Page

350

ISSN

0010-8200

Publisher

Sweet and Maxwell

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