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 necessary ......
  • 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 ......
  • 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 ......
  • Red Card For Penalty Damages
    • Mondaq United Kingdom
    ......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
    ...... 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
    ......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 the ......
  • Dorsey London Tax Update
    • Mondaq United Kingdom
    ...... 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
    ...... 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
    ......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. ......
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