Equitable Damages and Restitution in UK Law

Leading Cases
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Legislation
  • Financial Services and Markets Act 2000
    • UK Non-devolved
    • 1 de Enero de 2000
    ...... court is satisfied that it is just and equitable in. the circumstances of the case, it may ... S-71 . Actions for damages. 71 Actions for damages. . (1) A contravention ...exercising those rights, for the restitution of property and the. making or recovery of ......
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Financial Services Act 1986
    • UK Non-devolved
    • 1 de Enero de 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 ......
  • Finance (No. 2) Act 2015
    • England & Wales
    • 1 de Enero de 2015
    ...... S-38 . Restitution interest payments 38 Restitution interest ...(ii) whether the person has legal or equitable rights in respect of the benefits. . . (8) The ... . 18 A deposit-taker is not liable for damages in respect of anything done in good faith for the ......
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Books & Journal Articles
  • Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
    • Núm. 80-5, Septiembre 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 ......
  • Reconsidering Disgorgement for Wrongs
    • Núm. 62-2, Marzo 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, the ......
  • Profits from Wrongdoing: Private and Public Law Perspectives
    • Núm. 62-2, Marzo 1999
    • The Modern Law Review
    ......, 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 ......
  • Missing Reliance
    • Núm. 63-6, Noviembre 2000
    • The Modern Law Review
    Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution
    ......: Essays on Contract, Tort and Restitution" , Oxford: Hart Publishing, 1998, xxiv + 223, hb, \xC2"... fact the remedy is available only where damages are inadequate, which is plausibly understood to ... received, and in equity by way of an equitable proprietary claim or claim under a constructive ......
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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 ... 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 ......
  • 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 ...
    ...... 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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