Equitable Damages and Restitution in UK Law

Leading Cases
  • Auden McKenzie (Pharma Division) Ltd v Amit Patel
    • Court of Appeal (Civil Division)
    • 20 December 2019
    ... ... 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 ... ...
  • Kenneth Davies v Stephen Ford
    • Court of Appeal (Civil Division)
    • 17 February 2023
    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 ... ...
  • Rita Alay Libera Del Curto v Julian Enrique Del Curto
    • King's Bench Division
    • 18 August 2023
    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 ... ...
  • Jaqueline Adeniji v The London Borough of Newham
    • Queen's Bench Division (Administrative Court)
    • 16 October 2001
    ... ... 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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  • Common Law Procedure Act 1854
    • UK Non-devolved
    • January 01, 1854
    ... ... thereupon be tried and determined, and Damages assessed where necessary, ... in open Court, ... 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 ... ...
  • Companies Act 2006
    • UK Non-devolved
    • January 01, 2006
    ... ... ceases to be voidable if—(a) restitution of any money or other asset which was the subject ... is satisfied that it is just and equitable to permit the proceedings to continue ... (3) ... and payment by the company of any damages sustained by any party aggrieved ... (3) On ... ...
  • Supply and Appropriation (Main Estimates) Act 2019
    • UK Non-devolved
    • January 01, 2019
    ... ... litigation costs, defendant's costs, and damages ordered by the court to be paid by the NCA, ... payments in respect of claims for the restitution of the property of victims of Nazi ... those relating to payments under the Equitable Life Payments Scheme, those in respect of ... ...
  • Supply and Appropriation (Main Estimates) Act 2020
    • UK Non-devolved
    • January 01, 2020
    ... ... litigation costs, defendants costs, and damages ordered by the court to be paid by the NCA, ... payments in respect of claims for the restitution of the property of victims of Nazi ... Administration of the Equitable Life Payments Scheme.The production costs of UK ... ...
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Books & Journal Articles
  • Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
    • No. 80-5, September 2017
    • The Modern Law Review
    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 ... ...
  • Restitution following Termination of Contract: a Contractual or Enrichment Remedy?
    • No. , May 2015
    • Edinburgh Law Review
    • 269-273
    ... ... 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, ... ...
  • Reconsidering Disgorgement for Wrongs
    • No. 62-2, March 1999
    • The Modern Law Review
    ... ... 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, ... ...
  • Profits from Wrongdoing: Private and Public Law Perspectives
    • No. 62-2, March 1999
    • The Modern Law Review
    ... ... 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 ... , in the area of unjust enrichment and restitution, of academic influence in rapid development of ... ...
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Law Firm Commentaries
  • English Court Of Appeal Endorses High Court Approach To Determining Interest Rate Applicable To Equitable Compensation Payment Arising Out Of Breach Of Fiduciary Duty
    • Mondaq UK
    ... ... 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 ... ...
  • Breach Of Contract - Remedial Work
    • Mondaq United Kingdom
    ... ... 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 ... ...
  • Projects And Construction Law Update - June 8, 2015
    • Mondaq UK
    ... ... 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 ... ...
  • Effect Of Agent's Surreptitious Dealing
    • JD Supra United Kingdom
    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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