Article 2.4.12 Remedies

(a) General Role and Application:

This Article establishes the general framework of remedies available for tortious conduct under this ICT Code. Remedies set out in specific tort provisions above (e.g. nuisance, defamation, product liability) shall apply in accordance with their own terms. Where no specific remedy is provided, or where broader relief is necessary to give full effect to justice or accountability, the principles and remedies set out in this Article shall apply as a residual or supplementary framework. Nothing in this Article limits the ICT Court’s power to adapt or integrate remedies across multiple torts, consistent with proportionality, coherence, and the interests of justice.

(b) Compensatory Damages:

(i) The primary remedy for tortious conduct under this ICT Code is an award of compensatory damages designed to restore the claimant, so far as money can do, to the position they would have been in had the tort not occurred. Compensatory damages may include:

(ii) General damages for non-economic harm such as pain, suffering, or reputational harm;

(iii) Special damages for quantifiable financial losses, including lost income or property damage;

(iv) Consequential losses, where reasonably foreseeable and caused by the tort; and

(v) Future or contingent losses, where substantiated by credible evidence and reasonably foreseeable.

(c) Injunctive and Declaratory Relief:

Where appropriate, the ICT Court may grant:

(i) Injunctive relief to prevent, restrain, or remedy ongoing or imminent harm;

(ii) Abatement orders for the cessation or mitigation of continuing tortious conduct;

(iii) Declarations to clarify legal rights, duties, or liabilities.

(d) Punitive or Exemplary Damages:

Punitive or exemplary damages may be awarded only where the defendant’s conduct was:

(i) Intentional, malicious, or grossly reckless;

(ii) Aimed at financial or reputational exploitation;

(iii) Likely to cause significant harm to the public or to vulnerable parties;

(iv) Where an award of punitive damages is necessary to achieve deterrence, denunciation, or to mark the egregious nature of the conduct; and

(v) Proven to the standard of clear and convincing evidence.

(e) Restitutionary Damages:

The ICT Court may award restitutionary damages to reverse unjust enrichment resulting from the tortious conduct, including in cases of misappropriation, conversion, or unauthorised exploitation of proprietary or reputational interests.

(f) Structured or Periodic Awards:

Where appropriate, the ICT Court may order that damages be paid in periodic instalments or structured settlements, particularly in cases involving long-term care, disability, or ongoing harm.

(g) Mitigation:

Claimants have a duty to take reasonable steps to mitigate their losses. Failure to mitigate may result in a reduction of damages to the extent that such loss could reasonably have been avoided.

(h) Non-Duplication:

A claimant shall not recover twice for the same harm under overlapping heads of damage or concurrent claims. The ICT Court shall ensure that awards are proportionate and non-duplicative.

(i) Judicial Discretion and Proportionality:

In awarding remedies, the ICT Court shall have discretion to fashion relief that is proportionate to the nature, severity, and impact of the tortious conduct, taking into account the broader interests of justice, equity, and deterrence.

(j) Relationship with Contractual Remedies:

Where claims arise concurrently in tort and contract, the ICT Court shall consider the nature of the relationship, the proximity of obligations, and any contractual limitations or exclusions of liability, while ensuring that tortious remedies are not unduly constrained where independent duties arise.

(k) Enforcement:

(i) Awards or orders issued under this Article may be enforced through mechanisms set out in Part 4 of this ICT Code or other applicable enforcement protocols recognised by the ICT Court.

(ii) Where two or more persons are jointly liable, a claimant may recover the full amount from any one or more of them.

(iii) Contribution or indemnity between wrongdoers shall be determined on principles of fairness and causative responsibility.