Equitable Damages and Restitution in UK Law
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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 ... 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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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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Aspect Contracts (Asbestos) Limited v Higgins Construction PLC [2015] UKSC 38: Adjudication challenge
... ... adjudication, claiming over £800,000 in damages, plus interest. Higgins could refer the dispute ... an implied term or on the doctrine of restitution. The relevant term that Aspect submitted was ... the basis that it was not reasonable, equitable or necessary to give business efficacy to the ... ...
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Commissions ' The Drive Towards Transparency
... ... did, the common and equitable remedies come into play. Those ... remedies ... damages for any losses suffered by the borrower. The ... lender making counter-restitution, if that's possible) ... The question then is ... ...
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Insolvency Insights - Issue 10 | April 2022
... ... equitable lien for their costs and fees, characterising it ... other claim for restitution. However, in the later case ... of Re MKG ... Denaxe then ... brought a claim for damages against the receivers for failure to ... use ... ...
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(Re)Insurance Weekly Update 27 - 2015
... ... the Misrepresentation Act 1967 and damages in lieu of rescission/avoidance ... , if of the opinion that it would be equitable to do so ... " ... At first instance in this ... , an excessive time has elapsed or restitution has become impossible, rescission is not ... ...
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Long-Term LNG Agreements And Short-Term Volatility: Buyers Beware?
... ... clauses relating to pricing, damages and remedies may respond in ... such a scenario; ... duress exists as a ground for the restitution of a ... non-contractual payment by an innocent ... conduct which, in the context of the equitable ... doctrine of undue influence, would be judged ... ...
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The Duties And Liabilities Of Directors Of Limited Companies Incorporated In The UK
... ... same way as the common law rules and equitable principles which they replace, and regard should ... even if a claim is successful, any damages will accrue to the company, not to the claimant ... setting aside of the transaction, restitution and account of profits; ... restoration of ... ...
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