Civil Justice Council Damages Review
The Civil Justice Council should consider the level of damages in privacy, breach of confidence and data protection cases, being prepared to take evidence (from the Information Commissioner, the media and others) and thereafter to make recommendations on the appropriate level of damages for distress in such cases. How the matter is then taken forward will ultimately be for the courts to consider.
- Section 40 of the Crime and Courts Act 2013, which would have created costs incentives related to this recommendation, was never commenced and was repealed by the Media Act 2024 on 24 July 2024 (Media Act 2024, Section 50, legislation.gov.uk).
- Damages levels have evolved through case law, notably Gulati v MGN Ltd [2015] EWCA Civ 1291, but through judicial decisions rather than the formal review process recommended.
How was this evidence gathered?
Response
Not Accepted
Response
Not AcceptedThis recommendation was not implemented. The government did not formally respond to civil justice recommendations in the Prime Minister's statement of 29 November 2012. Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive mechanism, was enacted but never commenced. On 1 March 2018, the Secretary of State announced that Section 40 would not be commenced and would be repealed. Section 40 was repealed by Section 50 of the Media Act 2024 (Royal Assent 24 May 2024). Source: https://www.gov.uk/government/speeches/leveson-consultation-response
Published Evidence
Published assessments of progress from inspectorates, select committees, official progress reports, and other sources. Source type badge indicates whether each assessment is independent or government self-reported.
The Civil Justice Council did not conduct the review of damages levels in privacy, breach of confidence and data protection cases that Leveson recommended.
View detailed findings
The specific CJC review was not carried out.