Equitable Damages and Restitution in UK Law

Leading Cases
See all results
Legislation
  • 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 ......
  • Insolvency Act 1986
    • UK Non-devolved
    • 1 de Enero de 1986
    ......and equitable. . (5) Sections 74 and 75 do not apply in ...or to either party of damages for the non-performance of the. contract, or ...out of an obligation to make restitution. S-383 . ‘Creditor’, ‘security’, etc. ......
  • Supply and Appropriation (Anticipation and Adjustments) Act 2016
    • UK Non-devolved
    • 1 de Enero de 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 ......
See all results
Books & Journal Articles
  • Consumer Redress Legislation: Simplifying or Subverting the Law of Contract
    • Nbr. 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?
    • Nbr. , May 2015
    • Edinburgh Law Review
    • 269-273
    ...... 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, ......
  • Reconsidering Disgorgement for Wrongs
    • Nbr. 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, the ......
  • Profits from Wrongdoing: Private and Public Law Perspectives
    • Nbr. 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 ......
See all results
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 ......
See all results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT