Remedies for Breach of Privacy

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Professor Jason NE Varuhas (University of Melbourne, Australia) Professor Nicole Moreham (Victoria University of Wellington, New Zealand)

Remedies for Breach of Privacy

Professor Jason NE Varuhas (University of Melbourne, Australia), Professor Nicole Moreham (Victoria University of Wellington, New Zealand)

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English

Hart Publishing
18 October 2018

Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts’ approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance.

Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.

Edited by: Professor Jason NE Varuhas (University of Melbourne Australia), Professor Nicole Moreham (Victoria University of Wellington, New Zealand)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 850g
ISBN: 9781509915606
ISBN 10: 1509915605
Pages: 472
Publication Date: 18 October 2018
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Preface by Lord Reed 1. Remedies for Breach of Privacy Jason NE Varuhas and NA Moreham 2. Privacy Injunctions and the Rule of Law Michael Tugendhat 3. Varieties of Damages for Breach of Privacy Jason NE Varuhas 4. Damages for Wrongdoing in the Absence of Loss Robert Stevens 5. Compensating for Loss of Dignity and Autonomy NA Moreham 6. Claimant-Focused Damages in the Law of Privacy Eric Descheemaeker 7. Invasion of Privacy and Recovery for Distress Megan Richardson, Marcia Neave and Michael Rivette 8. Gain-Based Relief for Breach of Privacy Katy Barnett 9. Apologies and Corrections as Remedies for Serious Invasions of Privacy Robyn Carroll 10. Remedial Consequences of Classification of a Privacy Action: Dog or Wolf, Tort or Equity? Barbara McDonald and David Rolph 11. Privacy Remedies Viewed Th rough an Equitable Lens PG Turner 12. Remedies for Breach of Privacy: A Study of a Different Hedgehog David Partlett 13. Remedies for Breach of Privacy in Canada Jeff Berryman 14. Damages for Interference with Privacy Under Statute: Th e New Zealand Privacy Act 1993 Rodger Haines 15. Determinations under the Privacy Act 1988 (Cth) as a Privacy Remedy Normann Witzleb 16. Invasion of Privacy: Cross-Border Implications Richard Garnett

Jason NE Varuhas is Associate Professor of Law at Melbourne Law School, Australia. N A Moreham is Associate Professor of Law at Victoria University of Wellington, New Zealand. She was formerly a Fellow and Lecturer in Law at Gonville and Caius College, University of Cambridge.