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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Kenneth Davies v Stephen Ford
Breach of fiduciary duty. Liability order. Equitable compensation. Knowing receipt... ... was entered against Mr Ford for equitable compensation: see [412] to [413], and paragraph 2 ... of causation, remoteness and measure of damages should not be applied by analogy.” ... that in this context the word ‘restitution’ is used to mean ‘compensation’. In modern ... ...
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Rita Alay Libera Del Curto v Julian Enrique Del Curto
Proceedings with rights in rem in immovable property. Common law principles. Judgment debtor. Sum of money... ... to order Julian and Gloria to make restitution to her, pursuant to Art. 533 of the Italian Civil ... the payment of a debt or of damages for a breach of contract or for tort, or the ... an English Court from enforcing an equitable obligation notwithstanding that the subject ... ...
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Jaqueline Adeniji v The London Borough of Newham
... ... prudence regarding the qualification of damages so far as breach of confidence is concerned and ... has ranged from the availability of equitable compensation on the one hand, on the other hand, ... the High Court, the availability of restitution as a remedy. It is now widely accepted amongst ... ...
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Legislation
- Common Law Procedure Act 1854
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Finance (No. 2) Act 2015
... ... 38: Restitution interest payments ... whether the person has legal or equitable rights in respect of the benefits ... A deposit-taker is not liable for damages in respect of anything done in good faith for the ... ...
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The Civil Procedure (Amendment) Rules 2014
... ... writ of control to enforce payment of any damages or costs awarded to that party by that judgment ... ’ permission to issue a writ of restitution in aid of a writ of possession is required ... ” includes a legal or equitable mortgage and a legal or equitable charge, and ... ...
- Supply and Appropriation (Main Estimates) Act 2018
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Books & Journal Articles
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Streamlining Procedures for Judicial Review: Legislative Amendments to the Singapore Rules of Court to Enhance Access to Justice
... ... it enabled the High Court to award damages and grant declarations. No longer is it necessary ... ’ means any liquidated sum, damages, equitable relief or restitution. Before the insertion of ... ...
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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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Chapter 8: North American Construction Law
... ... case law like the foreseeability of damages as set forth in Hadley v Baxendale 9 Exch. 341, ... parties’ expectation, reliance and restitution interests arising out of the mutual exchange of ... performance is considered one possible equitable remedy for a non-breaching party to an agreement ... ...
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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 ... 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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Law Firm Commentaries
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Breach Of Contract - Remedial Work
... ... What damages are you entitled to? Are there any other remedies ... claim the fees paid to the musician (restitution), the cost of hiring a venue (reliance) and the ... of damages? In such circumstances an equitable remedy (called 'specific performance') may be ... ...
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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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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 part...... ... 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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