Chapter 13. Awarding Damages for Distress and Loss of Reputation in England and Canada
Bibliographic record
Abstract
This chapter analyses the rationale underpinning the general prohibition on recovery, given that a significant, and growing number of academic commentators on both sides of the Atlantic have called for its abolition, and to question the suggested recovery criteria envisaged as replacing it. The role of remoteness as the potential governing test of recovery is vital in this debate, particularly as some Canadian courts have demonstrated a clear willingness to adopt it as the sole criterion whenever the courts believe this head of loss should be the subject of an award. However, its application must be judged in the light of the rationale for the general rule and the potential consequences of wholesale adoption of the remoteness test to determine recovery. Finally, it is necessary to consider the nature of these awards and the relatively modest sums awarded as distress loss. Keywords: academic commentators; Canadian court; distress loss; recovery criteria
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.005 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.016 | 0.008 |
| Scholarly communication | 0.009 | 0.002 |
| Open science | 0.002 | 0.002 |
| Research integrity | 0.005 | 0.005 |
| Insufficient payload (model declined to judge) | 0.015 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".