Section 96 — Damages in proceedings under Part 10, 11 or 12

(1)Subject to subsections (2), (3), (4) and (5), if any person is found liable in any civil proceedings brought under Part 10, 11 or 12, the court may award any damages that the court may, having regard to all the circumstances of the case, think just and equitable.

(2)Without limiting subsection (1), the court may make an order or award for —

(a)damages for loss of future earnings and loss of earning capacity in proceedings brought under —

(i)Part 10, in relation to the claims relating to the type or description of torts specified in regulations; or

(ii)Part 11 or 12, in relation to the claims relating to the type or description of online harmful activities specified in regulations; or

(b)an account of profits (even if no loss or harm is proved) in proceedings brought under —

(i)Part 10 in relation to the claims relating to the type or description of torts specified in regulations; or

(ii)Part 11 or 12 in relation to the claims relating to the type or description of online harmful activities specified in regulations.

(3)The damages that a court may award under subsection (1) in proceedings brought under Part 10, 11 or 12 with respect to a claim or class of claims by any person or class of persons is subject to the maximum limits that may be specified and determined in accordance with regulations in relation to a specified type or description of the tort or online harmful activity related to the tort (as the case may be) specified in those regulations.

(4)The court is to award under subsection (1) a minimum amount of damages with respect to a claim or class of claims brought in proceedings under Part 10, 11 or 12 for a specified type or description of the tort or online harmful activity related to the tort (as the case may be) specified in regulations.