Equitable Damages and Restitution in UK Law
Leading Cases
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Auden McKenzie (Pharma Division) Ltd v Amit Patel
...... a summary judgment on a claim for equitable compensation. The judgment is for £13,149,479, ... Mr and Ms Patel, comprising (i) “Damages and/or equitable compensation for breach of ... the trust estate…If specific restitution of the trust property is not possible, then the ......
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Breitenfeld UK Ltd v Harold John Harrison and Others
...... proprietors of the new company) to pay damages or compensation arising out of those self same ..., declarations and enquiries and/or equitable compensation for breaches of fiduciary duty; ......
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Ian Billington (Respondent/Claimant) v Simon Davies (Applicant//First Defendant)
...... the claim) include all claims purely for damages (including cases which originally included an ... the claim that is made for damages or equitable compensation against the first and second ......
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IMRAN RAUF v (1) DHAMA DOUGLAS (A Firm)(2) S P DHAMA (3) H SINGH (4) ASTON ROTHBURY and COMPANY Ltd (5) NICHOLAS ST CLAIR (AKA WERNER SERIEUX) (6) CITY Corporation COMMERCE Ltd
...... the court in the exercise of its equitable jurisdiction will increase the rate taken for ......
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Legislation
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Common Law Procedure Act 1854
...... thereupon be tried and determined, and Damages assessed where necessary,. in open Court, either ... Payment of Costs, and to order Restitution; and they shall have the same Powers as the Court ... S-LXXXIII . Equitable Defence may be pleaded. LXXXIII Equitable ......
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Financial Services Act 1986
......) in either case, that it is just and equitable for the agreement. to be enforced or, as the case ... S-6 . Injunctions and restitution orders. 6 Injunctions and restitution orders. . ... S-62 . Actions for damages. 62 Actions for damages. . (1) Without ......
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Supply and Appropriation (Anticipation and Adjustments) Act 2016
...... payments in respect of claims for the restitution of the property of victims of Nazi persecution. ...; receipts in relation to costs and damages received; including recoveries via the statutory ... those relating to payments under the Equitable Life Payments Scheme and those in respect of ......
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Supply and Appropriation (Main Estimates) Act 2014
...... payments in respect of claims for the restitution of the property of victims of Nazi persecution. ...; receipts in relation to costs and damages received; including recoveries via the statutory ... those relating to payments under the Equitable Life Payments Scheme and those in respect of ......
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Books & Journal Articles
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Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
The growth of statutory consumer protection regimes in modern commercial societies has the potential profoundly to disrupt the private law landscape. Such schemes aim to increase access to justice ......... part considers the second tier right to damages. In both cases, the statutory scheme requires ... clearly draws on the remedies of restitution, rescission and damages pro vided in response to equitable and tor- tious wrongs. Howe ver, the regime does ......
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Restitution following Termination of Contract: a Contractual or Enrichment Remedy?
...... the enrichment was not as great as that claimed) and it was not equitable to order repayment. B. LORD TYRE'S DECISION. Lord Tyre, examining the ... cases of breach of contract the party aggrieved has an action for damages, but in addition to this, and whether damages have been suffered or not, ......
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Reconsidering Disgorgement for Wrongs
...... Conference on the Law of Restitution, University of Tel Aviv, May 1998, for their ...’, rather than ‘restitutionary damages’, is used so as to better differentiate between ... wider compass than fiduciary duties and equitable duties of confidence. . Within this class, the ......
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Profits from Wrongdoing: Private and Public Law Perspectives
......, it extends the availability of restitutionary awards for breach of contract, thereby qualifying the principle that the purpose of damages awarded for breach of contract is simply to cover ... some doubt about the nature of such equitable damages. The best explanation, which insists that ......
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Law Firm Commentaries
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English Court Of Appeal Endorses High Court Approach To Determining Interest Rate Applicable To Equitable Compensation Payment Arising Out Of Breach Of Fiduciary Duty
......Kea claimed restitution of the invested funds, together with interest pursuant to the equitable ... can be significantly higher than the type of interest applied in damages cases. The content of this article is intended to provide a general ......
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Breach Of Contract - Remedial Work
......What damages are you entitled to? Are there any other remedies ... cases you may be entitled to a restitutionary award of damages. These arise when the party in ... of damages? In such circumstances an equitable remedy (called 'specific performance') may be ......
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Projects And Construction Law Update - June 8, 2015
...... ability of an adjudicator to award restitution a dispute under an NEC term service contract ...Accordingly it awarded nominal damages of £10. The case illustrates the importance of ... that ISG could not rely on the equitable remedy of restitution as this was not within the ......
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Effect Of Agent's Surreptitious Dealing
In Tigris International NV v China Southern Airlines Co Ltd & anr [2014] EWCA Civ 1649, 17 December 2014, the Court of Appeal confirmed, obiter, that when a contract is terminated because of a ......... under the aircraft sale agreement and damages against CSA. CSA counterclaimed. At first ... it ab initio, provided that counter restitution can be made and the right has not been lost eg by ... is rescission properly so called – an equitable remedy. If, after the contract has been entered ......
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