Michael O’Mara Books Ltd v Express Newspapers plc: 1999

Neuberger J said: ‘It is an open question whether damages awarded pursuant to section 97(2) of the 1988 Act (which I shall call ‘additional damages’) are exemplary damages or aggravated damages or, as I am inclined to think, a separate category of damages which may have some features which are similar to those of exemplary or aggravated damages.’

Judges:

Neuberger J

Citations:

[1999] FSR 49

Jurisdiction:

England and Wales

Cited by:

CitedPhonographic Performance Ltd v Ellis (T/A Bla Bla Bar) CA 18-Dec-2018
Additional infrimgement damages were not a fine.
The Society had succeeded in its claim of copyright infringement. The defendant having continued his breaches, it sought additional damages and committal for contempt. Having granted the committal the trial judge declined to award additional . .
Lists of cited by and citing cases may be incomplete.

Intellectual Property, Damages

Updated: 05 November 2022; Ref: scu.632147