However,
the modest damages award in this case, and others, have still made online defamation a challenging area for plaintiffs.
Not exact matches
Where the
damages awarded after a long trial are
modest, it is possible for the adverse cost
award to exceed the amount of
damages, meaning that the plaintiff's personal assets are at risk.
although the CA commented that it was likely that individual
awards of compensation would be relatively
modest (so far they have been in the low thousands of pounds), there could be a growth of class actions in which a large number of individuals have suffered emotional distress or invasion of privacy, leading to larger overall
damages awards;
She
awarded a «
modest»
award considering the application was brought under Simplified Rules, and
awarded general
damages of $ 50,000.
And in this case, where the
modest damages and 95 % of the huge costs will be borne presumably by the management company (unless their solicitors ran the defence on a conditional fee arrangement), the claimant will theoretically end up paying a percentage of the costs
award herself out of her share of the management fund, added to which inter-lessee relations will hardly have been improved by this appreciable charge to the fund to which all must contribute.
Punitive
damage awards in other wrongful dismissal cases have been far more
modest even in the face of serious misconduct such as slander of the employee.
Mr. Justice Wilson largely rejected ICBC's arguments and made a
modest deduction of $ 2,000 of the
awarded damages.
After Boucher, such punitive
awards may not be grossly excessive or irrational where the conduct is egregious and compensatory
damages are
modest.