Loss of reputation

Abstract

Loss of reputation is a non-pecuniary loss, which is traditionally regarded as distinct from mental distress in that it deals with society’s feelings towards the claimant, rather than with the claimant’s own feelings. But often mental distress consequent on loss of reputation is not clearly separated from the award for loss of reputation itself. Indeed on an alternative view, alternative to that traditionally taken by the courts, all non-pecuniary loss, including loss of reputation, is ultimately regarded as a loss only in terms of the distress or loss of happiness caused to the claimant. However, where a claimant complains of a loss of reputation she is generally concerned not only about loss of reputation itself, but also and often primarily about the pecuniary loss flowing from it and both will be considered.