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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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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Gwembe Valley Development Company Ltd ((in Receivership)) v Koshy
...... against the refusal of Rimer J to award equitable compensation to GVDC for Mr Koshy's breach of ......
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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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Legislation
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 ...
- Reconsidering Disgorgement for Wrongs
- Profits from Wrongdoing: Private and Public Law Perspectives
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Missing Reliance
Book reviewed in this article: Andrew Burrows, Understanding the Law of Obligations: Essays on Contract,Tort and Restitution
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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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