Restitutionary Remedies in UK Law
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Securities and Investments Board v Pantell S.A. (No. 2)
... ... , raises a question as to the nature and extent of the restitutionary relief that may be obtained by the Board under sections 6(2) and 61(1) of ... for contraventions of its various provisions but also provides remedies for investors who enter into share transactions as a result of the ... ...
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Westdeutsche Landesbank Girozentrale v Islington London Borough Council
... ... would be subject (where appropriate) to any available restitutionary defences. If my present opinion were to prove to be correct then Sinclair ... the equitable jurisdiction can be exercised in aid of common law remedies such as, for example, a personal remedy in restitution, to repair the ... ...
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Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue and Attorney General
... ... ") the House of Lords abrogated the common law rule that no restitutionary claim lies in respect of money paid under a mistake of law, holding that ... the taxpayer was concerned first with exhausting his statutory remedies. There is also, as I have made clear, a private law action available ... ...
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Kleinwort Benson Ltd v Lincoln City Council
... ... no exaggeration to say that one could write a book on the restitutionary consequences of the decision in Hazell." I fear that any such book will be ... preference of English law to allow either of two alternative remedies to be available, leaving any possible conflict to be resolved by election ... ...
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Attorney-General v Blake (pet. all.)
... ... suggested that the Crown might have a private law claim to 'restitutionary damages for breach of contract', and invited submissions on this issue ... the subject of proceedings in the Court of Chancery, the standard remedies were injunction and, incidental thereto, an account of profits. These ... ...
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Foskett v McKeown
... ... Lords counsel for the children argued that by resorting to other remedies the purchasers made a binding election which preclude them from advancing ... value of the policy: compare Roy Goode, Proprietary Restitutionary Claims, essay in Restitution: Past Present and Future, ed. Cornish, Nolan, ... ...
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Armstrong DLW GmbH v Winnington Networks Ltd
... ... The first two bases are said to be common law restitutionary claims: a claim to vindicate its proprietary rights in the EUAs, which I ... By the Particulars of Claim, Armstrong sought a wide variety of remedies, including a declaration that Winnington holds the EUAs or their ... ...
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Patel v Mirza
... ... to hold that a statute intends to interfere with the rights and remedies given by the ordinary law of contract. Caution in this respect is, I ... , it recommended that a decision on disallowing a particular restitutionary claim for illegality should be based openly on the policies underlying the ... ...
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Sempra Metals (formerly Metallgesellschaft Ltd) v Commissioners of Inland Revenue
... ... ] STC 606 , para 173, Mummery LJ said that the question how restitutionary relief of the kind that is sought in this case should be assessed was not ... was open to the claimants to choose between the two alternative remedies. This is already implicit in its comment in para 81 that it is for the ... ...
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Yeoman's Row Management Ltd and another v Cobbe
... ... consideration that A was to have given, and entitle B to a restitutionary remedy. (vi) Finally, in circumstances such as those described the ... 4 Two features of these possible remedies are worth noticing. First, both the proprietary estoppel claim and the ... ...
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