Restitutionary Remedies in UK Law

Leading Cases
  • Securities and Investments Board v Pantell S.A. (No. 2)
    • Court of Appeal
    • 12 Jun 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.

  • Test Claimants in the FII Group Litigation v HM Revenue and Customs
    • Supreme Court
    • 23 May 2012

    The crucial question, however, is whether the retrospective application of that limitation period to claims based on mistake was in conformity with the principles of equivalence and effectiveness, as explained by the Grand Chamber in its judgment in these proceedings: Case C-446/04 [2007] STC 404, para 203. There may be other differences, depending on the facts and circumstances of each case.

  • Investment Trust Companies ((in Liquidation)) v Revenue and Customs Comrs
    • Chancery Division
    • 02 Mar 2012

    Many of these considerations present no difficulty in the present case. There is no risk of double recovery, because the claimants have in effect exhausted their remedies against the Managers. The Managers have obtained the maximum repayments from HMRC available under the domestic statutory scheme, and have passed on those repayments in full to the claimants. I am also satisfied that no claim for breach of contract could lie against the Managers at the suit of the claimants.

  • Banque Financiere de la Cite v Parc (Battersea) Ltd and Others
    • House of Lords
    • 26 Feb 1998

    But the term is also used to describe an equitable remedy to reverse or prevent unjust enrichment which is not based upon any agreement or common intention of the party enriched and the party deprived. But the term is also used to describe an equitable remedy to reverse or prevent unjust enrichment which is not based upon any agreement or common intention of the party enriched and the party deprived.

  • Littlewoods Ltd and Others v HM Revenue and Customs
    • Chancery Division
    • 19 May 2010

    The Woolwich claims here will be subject to an (EU law compliant) 6-year limitation period which will reduce Littlewoods’ claims for compound interest to a relatively small amount. On the other hand, if the mistake-based restitutionary claims were to be allowed, it is common ground that the limitation period must be extended under section 32(1)(c) so as to allow the full extent of Littlewoods’ claims.

  • Attorney General v Blake
    • Court of Appeal
    • 16 Dec 1997

    The general rule is that damages for breach of contract are compensatory not restitutionary, that is to say, they are measured by the loss to the plaintiff and not by the gain to the defendant. It is unnecessary to cite authority for this proposition, since it is beyond dispute. It is accepted to be the general position by the Law Commission in its Consultation Paper No. 132, Aggravated, Exemplary and Restitutionary Damages (31 August 1993) paragraph 7.7 p.159.

  • Halifax Plc v Omar
    • Court of Appeal
    • 20 Feb 2002

    The former category includes rights in rem; the latter is limited to rights in personam. The instant case falls within the former category; the BFC Case falls within the latter. As Lord Hoffmann makes clear, the remedy granted in the BFC Case gave BFC no more than rights in personam against OOL: in so doing, the remedy directly reflected and matched the attenuation of BFC's claim to which Lord Steyn referred.

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Books & Journal Articles
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Law Firm Commentaries
  • London Digest - Autumn 2011
    • JD Supra United Kingdom
    In This Issue: Main Articles: Unfair Prejudice: An Abuse of Process?; Recent ISDA Cases; Working Towards Implementation: Jackson and the CJC; Supreme Court...
  • Breach Of Contract - Remedial Work
    • Mondaq United Kingdom
    ......What damages are you entitled to? Are there any other remedies which might serve your purposes? Lawrence Graham goes once more 'unto the ...In exceptional cases you may be entitled to a restitutionary award of damages. These arise when the party in breach has been unjustly ......
  • Case Law Review - Construction, Property & Real Estate (March 2009)
    • Mondaq United Kingdom
    ......into the development and restriction of restitutionary. remedies. Measure Of Damages For Art And Staff Time. Aerospace Publishing ......
  • 2020 Year In Review - Civil Fraud
    • Mondaq UK the 2005 agreement were void, and claimed restitutionary and. other remedies. Before filing its Defence, Lancer served a Part 18 ......
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