I'd like to see the minimum
statutory damages increase from $ 1,000 to a mandatory $ 5,000 for successful actions to enforce liability.
Not exact matches
You agree to indemnify and keep indemnified Us against any and all losses, proceedings, lost profits,
damages, awards, expenses, costs (including
increased administration and legal costs on a full indemnity basis), claims, actions and any other losses or liabilities suffered by Us and arising from or relating to Your use of the service, information and / or other material posted on the Service by You and / or arising from or due to any breach of contract, any tortious act and / or omission and / or any breach of
statutory due by You.
The claimants were advised of the risks of proceeding with legal aid, including the possibility of a subsequent withdrawal of public funding or application of the
statutory charge, but were not informed that by entering into a pre-LASPO CFA they would be ineligible to receive the 10 %
increase on their general
damages provided for in Simmons v Castle, [2012] EWCA Civ 1288 CA, [2012] All ER (D) 90 (Oct).
It was submitted by the receiving party that, regardless of the lack of advice on the Simmons uplift, the loss of the 10 %
increase in general
damages which the claimant would receive if funded publically was greatly outweighed by the protection from adverse costs and the lack of
statutory charge offered by a CFA Lite.
«A number of state courts have expressed concern that without a
statutory mandate that insurance companies lower their insurance premiums in response to tort reform, the savings resulting from reforms such as
damages caps may simply
increase insurance company profits.»
The
statutory deductible applicable to
damages for a non-pecuniary loss was
increased from $ 30,000.00 to $ 36,500.00.
The
increase in
damages is to be the subject of extra
statutory regulation and QOCS will be regulated by secondary legislation, but many are unclear as to exactly how these are to be affected and their final form.
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may
increase the award of
statutory damages to a sum of not more than $ 150,000.
If the copyright owner can prove that the infringement was committed willfully, the court has discretion to
increase the
statutory damage award to up to $ 150,000.