Damages and Restitution in UK Law

  • Unpaid Builder Cannot Claim In Restitution From Shareholders Of Client
    • Mondaq United Kingdom
    ... ... an unfair result, since MacDonald had pitched low for the business and so would have obtained more from an award in restitution than in damages for breach of contract ... This case demonstrates the importance of assessing the worth of the other contracting party, and obtaining the ... ...
  • Restraint of Trade: Nothing retro about restrictive covenants as retailer gets shirty over losses
    • JD Supra United Kingdom
    Following breach of a restrictive covenant, Score Draw applied to the court for damages and injunctive relief claiming PNH’s breach had caused Liverpool FC’s refusal to renew a retail licence: Scor...
    ... ... of a restrictive covenant, Score Draw applied to the court for damages and injunctive relief claiming PNH’s breach had caused Liverpool FC’s ... revenues lost by the non-renewal of the licence were a fair restitution. PNH did not believe that such damages were acceptable; claiming that any ... ...
  • Effective Methods for Securing Assets in Germany
    • Mondaq United Kingdom
    ... ... defrauded parties a unique opportunity to secure claims for restitution of property and for damages by combining freezing orders pursuant to ... ...
  • Red Card For Penalty Damages
    • Mondaq United Kingdom
    ... ... whether Devenish were entitled to the following heads of ... An account of profits ... Restitution of unjust enrichment ... Exemplary damages ... At first instance, the judge rejected Devenish's claims on ... the above heads ... Devenish appealed ... ...
  • A 'Triple Crown' Arbitral Challenge In The Professional Indemnity Insurance Context (RSA V Tughans)
    • Mondaq UK
    ... ... damages in respect of the success fee itself but not in respect of ... any ty in restitution because Tughans had disavowed such a ... claim and such a claim fell ... ...
  • (Re)Insurance Weekly Update 27 - 2015
    • Mondaq UK
    ... ... Court of Appeal considers the Misrepresentation Act 1967 and damages in lieu of rescission/avoidance ... party rights have intervened, an excessive time has elapsed or restitution has become impossible, rescission is not available and damages cannot be ... ...
  • The UK’s new subsidy control regime comes into force
    • LexBlog United Kingdom
    On 4 January 2023, the UK’s new subsidy control regime came into force, implementing a new subsidy regulation framework designed for the post-Brexit era.  Underpinned by the Subsidy Control Act 202...
    ... ... -awarded remedies, which in Scotland can even include liability for damages. Although UK public authorities are no longer subject to EU State aid ... relevant court will have access to additional remedies (e.g., restitution and ... ...
  • Weekly Tax Update - Monday 11 February 2013
    • Mondaq United Kingdom
    ... ... A common law claim will be for restitution, damages and compound interest. It may be very difficult to justify a ... ...
  • Recreational Easements
    • Mondaq UK
    ... ... behalf by the RVOC for the use of those facilities since 2008, as damages for interference with their easement, or by way of restitution ... At ... ...
  • Unjust Enrichment: A Disputes Mechanism To Rebalance Climate Change-Linked Gains?
    • Mondaq UK
    ... ... The branches of ... restitution and unjust enrichment are relatively young as a matter ... of English law ... defendant's assets. Whereas compensatory damages look at the ... claimant's loss, restitution looks to restore the benefit ... ...
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