Remedies in UK Law

Leading Cases
  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 Julio 2000

    When, exceptionally, a just response to a breach of contract so requires, the court should be able to grant the discretionary remedy of requiring a defendant to account to the plaintiff for the benefits he has received from his breach of contract.

    The law recognises that damages are not always a sufficient remedy for breach of contract. Even when awarding damages, the law does not adhere slavishly to the concept of compensation for financially measurable loss. When the circumstances require, damages are measured by reference to the benefit obtained by the wrongdoer. Further, in certain circumstances an account of profits is ordered in preference to an award of damages.

    The court will have regard to all the circumstances, including the subject matter of the contract, the purpose of the contractual provision which has been breached, the circumstances in which the breach occurred, the consequences of the breach and the circumstances in which relief is being sought. A useful general guide, although not exhaustive, is whether the plaintiff had a legitimate interest in preventing the defendant's profit-making activity and, hence, in depriving him of his profit.

  • AJ Bekhor & Company Ltd v Bilton
    • Court of Appeal (Civil Division)
    • 06 Febrero 1981

    Insofar as Mr. Stamler contends that there is inherent jurisdiction in the court to make effective the remedies that it grants, this seems to me merely another way of submitting that, where the power exists to grant the remedy, there must also be inherent in that power the power to make ancillary orders to make that remedy effective.

  • Securities and Investments Board v Pantell S.A. (No. 2)
    • Court of Appeal (Civil Division)
    • 12 Junio 1992

    The restitutionary and compensatory provisions of section 5 do not in terms identify the person or persons against whom the remedies are available. But it is difficult to see how the section 5 restitutionary remedy could be available against anyone other than the other party to the transaction in question or the party to whom, under the transaction in question, the investor's money or property had been paid or transferred.

  • Devenish Nutrition Ltd v Sanofi-Aventis SA (France) & others
    • Court of Appeal (Civil Division)
    • 14 Octubre 2008

    What, however, does distinguish user damages from other compensatory damages is the fact that they are in general awarded because the defendant has made improper use of an asset of the claimant. In economic terms, there has been a transfer of value for which the wrongdoer must account. However, even so, they would under Blake be subject to strict judicial control through the requirement for exceptional circumstances.

  • Cocks v Thanet District Council
    • House of Lords
    • 25 Noviembre 1982

    But an unsuccessful applicant for accommodation under the Act of 1977, confronted by an adverse decision of the housing authority as to, say, the question of his intentional homelessness, may strictly need not only an order of certiorari to quash the adverse decision but also an order of mandamus to the housing authority to determine the question afresh according to law. I have said that the court has no power to substitute its own decision for that of the housing authority.

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Books & Journal Articles
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Law Firm Commentaries
  • Conctract Remedies
    • Mondaq United Kingdom
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    • JD Supra United Kingdom
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    • LexBlog United Kingdom
    On 1 October 2018, the FCA and the Competition & Markets Authority (CMA) published a joint paper summarising their work in the UK Competition Network (UKCN) on the design, testing, monitoring a...
  • Most common alternative remedies in UK
    • LexBlog United Kingdom
    The most common alternative remedies in Great Britain today are slightly different than those on the U.S. list. But not surprisingly, dietary supplements are big are both lists. Curiously, massage ...
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