Damages and Restitution in UK Law

  • Johnson v Gore Wood & Company (A Firm)
    • House of Lords
    • 14 Diciembre 2000
    ... ... Moores and an inquiry into damages ordered. The alternative claim against Mr. Moores£ solicitors was ... , and the plaintiff's own loss would be fully remedied by the restitution to the companies of the value of the misappropriated assets. It was not ... ...
  • Securities and Investments Board v Pantell S.A. (No. 2)
    • Court of Appeal (Civil Division)
    • 12 Junio 1992
    ... ... Subsection (3) gives the court a discretion to refuse to allow restitution if certain specified conditions are satisfied ... 11 ... 26 Section 62 provides a remedy in damages for investors who suffer "loss as a result of the contravention" ... ...
  • Sharma and another v Simposh Ltd
    • Court of Appeal (Civil Division)
    • 23 Noviembre 2011
    ... ... Apart altogether from any possibilities there may be of suing for damages in tort (e.g. deceit or negligence), either of the parties would where ropriate be able to seek restitution. Thus if money has been paid as a deposit or part of the price b y a ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 Junio 1996
    ... ... He decided that the Bank's right to restitution at common law arose from the fact that the payment made by the Bank to the ... mention other creditors to whom the defendant may be liable to pay damages in tort ... 18 I feel bound to say that I would not at first ... ...
  • Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue and Attorney General
    • Court of Appeal (Civil Division)
    • 04 Febrero 2005
    ... ... In the alternative, it claims damages for breach of statutory duty by the appellants in failing to ensure that ... , paragraph 13 of the Particulars of Claim, under the heading 'Restitution and Compensation', pleads that (in the alternative to the claim for ... ...
  • Anisminic Ltd v Foreign Compensation Commission
    • House of Lords
    • 17 Diciembre 1968
    ... ... Government (the Government of the United Arab Republic) for restitution or compensation. Under the treaty the Egyptian Government paid to the ... ...
  • Paragon Finance Plc v DB Thakerar & Company
    • Court of Appeal (Civil Division)
    • 21 Julio 1998
    ... ... 19 The question in Letang v Cooper was whether a claim for damages for personal injuries sustained as a result of the defendant's negligence ... (6) If the views of trust and restitution lawyers are also taken into account, the opinions of academic writers are ... ...
  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Octubre 1988
    ... ... Presumably that may be so as regards an action for damages in respect of a past breach of confidence. If the confider has suffered no ... 46-56 and Professor Birks' Introduction to the Law of Restitution at pp. 343-44). I would also, like Megarry J. in Coco v. A.N. Clark ... ...
  • ARBUTHNOTT and Others v FAGAN and FELTRIM UNDERWRITING AGENCIES Ltd and Others and Two Other Actions (1st Appeal) ARBUTHNOTT and Others v FAGAN and FELTRIM UNDERWRITING AGENCIES Ltd and Others and Two
    • House of Lords
    • 25 Julio 1994
    ... ... services, there is no reason why he should not be liable in damages for that other in respect of economic loss which flows from the negligent ... postponing by a century or so the development of a law of restitution. Even then, there was no systematic reconsideration of the problem of ... ...
  • Bristol and West Building Society v Mothew
    • Court of Appeal (Civil Division)
    • 24 Julio 1996
    ... ... 16 It was common ground below that no damages would be recoverable at common law for breach of contract or tort unless ... imposed by equity to enforce the obligation to make immediate restitution overrides any express or implied trust which might otherwise arise out of ... ...
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