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Ginsburg expanded on the differences between the lack of liability under Mitchell I and the imposition of damages to compensate "for the harm caused by maladministration of the property".
Although several commenters strongly favor the imposition of damages for adjudicated violations of Section 325(b)(3)(C), we can divine no statutory grant of authority to take such action.
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"There is absolutely no basis whatsoever for the imposition of punitive damages," he said, adding, "It's not an issue we feel is seriously posed in this case".
It immediately struck Clegg that Cameron had shifted and, apart from some drafting issues, the only substantive issue remaining was the imposition of exemplary damages.
Lord Lester, the campaigner for libel reform, warned during the Leveson debate in the House of Lords earlier this year that publications such as Private Eye and local newspapers could face closure as a result of the imposition of exemplary damages.
All manner of difficulties came to light, over the regional industry's concern about the cost of an arbitration service, a general dislike for the imposition of exemplary damages for backsliders and worries about entertaining third-party complaints.
He subsequently proposed a royal charter, a formal document issued by the Queen, which Cameron claimed would create the world's toughest regulatory system, allowing the imposition of exemplary damages on newspapers which refuse to sign up.
Associated Newspapers, News International and the Telegraph Media Group, have much larger circulations and advertising revenue and could afford to go it alone, but would risk the imposition of exemplary damages in the high court.
But Miller, in continuing to urge publishers to be "recognised" by the charter did refer to the "incentives", meaning a protection from the payment of legal costs for libel claimants (even if unsuccessful) and the imposition of exemplary damages (which would be very doubtful anyway).
A motion to be debated by the conference says: "Individuals, especially young people, can be damaged both by the imposition of criminal records and by a drug habit.
The motion states: "Individuals, especially young people, can be damaged both by the imposition of criminal records and a drug habit and that the priority for those addicted to all substances must be health, education and rehabilitation".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com