Damages and Restitution in UK Law

  • Unpaid Builder Cannot Claim In Restitution From Shareholders Of Client
    • Mondaq United Kingdom
    • 29 de Septiembre de 2011
    ...... 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 necessary ......
  • Effective Methods for Securing Assets in Germany
    • Mondaq United Kingdom
    • 20 de Diciembre de 2002
    ...... 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
    • 19 de Noviembre de 2008
    ......Following the European Commission's decision, Devenish. raised proceedings in England against Sanofi-Aventis seeking a. restitutionary award (a sum of money assessed by reference to the. gain which the wrongdoer has made as a result of the wrong) in. place of compensatory damages, ......
  • (Re)Insurance Weekly Update 27 - 2015
    • Mondaq UK
    • 28 de Julio de 2015
    ...... 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 ......
  • Weekly Tax Update - Monday 11 February 2013
    • Mondaq United Kingdom
    • 18 de Febrero de 2013
    ......A common law claim will be for restitution, damages and compound interest. It may be very difficult to justify a ......
  • Recreational Easements
    • Mondaq UK
    • 25 de Enero de 2019
    ...... 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 the ......
  • Dorsey London Tax Update
    • Mondaq United Kingdom
    • 20 de Febrero de 2008
    ...... by a majority has used this occasion to re-state the law of restitution generally in England. In basic terms the tax payer has succeeded and ... GLO the ECJ had held that certain types of tax disadvantages were damages claims which could only be compensated for if certain conditions were met, ......
  • Dorsey London Tax Update
    • Mondaq United Kingdom
    • 22 de Febrero de 2008
    ...... by a majority has used this occasion to re-state the law of restitution generally in England. In basic terms the tax payer has succeeded and ... GLO the ECJ had held that certain types of tax disadvantages were damages claims which could only be compensated for if certain conditions were met, ......
  • Letters Of Credit: Issuing Bank's Limited Liability As Consignee Under The Bills Of Lading
    • Mondaq United Kingdom
    • 9 de Mayo de 2011
    ......It subsequently sought to recover these costs from IOB either as damages resulting from IOB's wrongful delay in making payment under the L/Cs, rnatively by way of restitution. The judge dismissed Stemcor's claim in its entirety. Claim in damages. ......
  • Weekly Tax Update - Monday 28 May, 2012
    • Mondaq United Kingdom
    • 6 de Junio de 2012
    ...... Would a Woolwich restitution remedy be a sufficient remedy for the repayment claims brought on the ... 2) Are the restitution and damages remedies sought by the test claimants in respect of corporation tax paid ......
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