Dagarmo Holdings Ltd v Avonwick Holdings Ltd

JurisdictionEngland & Wales
Neutral Citation[2021] EWCA Civ 1149
Year2021
CourtCourt of Appeal (Civil Division)
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7 cases
  • Brendon International Ltd v Water Plus Ltd
    • United Kingdom
    • Chancery Division
    • 20 December 2022
    ...ever arose. Retention of the payments is unjust for those very reasons. The case of Dagarmo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1149, where there was a valid contract, is of limited assistance here, where there was none. Payment under a mistake 99 In case I am wrong, howeve......
  • Barton and Others v Morris and another in place of Gwyn–Jones (Deceased)
    • United Kingdom
    • Supreme Court
    • 25 January 2023
    ...evolution of the claim in unjust enrichment was described in the recent comprehensive and scholarly judgment of Carr LJ in Dargamo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1149, [2022] 1 All ER (Comm) 1244 (“ Dargamo”) with which Sir Timothy Lloyd and Asplin LJ agreed: see para......
  • Thurcroft Power Ltd v Volta Energy Group Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 18 February 2022
    ...unjust? 165 Mr de Beneducci referred to the judgment of Carr LJ in Dargamo Holdings Limited & anor v. Avonwick Holdings Limited & ors [2021] EWCA Civ 1149 (“ Dargamo”) at [77] – [80] for the helpful summary that Carr LJ there provides as to the principles to be applied in considering a case......
  • Cantor Fitzgerald & Company v YES Bank Ltd
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 31 March 2023
    ...services were provided pursuant to the Engagement Letter. This is problematic for Cantor in the light of the decisions in Dargamo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1149; [2022] 1 All ER (Comm) 1244 and Barton v Morris [2023] UKSC 3; [2023] 2 WLR 153 In Dargamo, Carr LJ......
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1 firm's commentaries
  • Covid Was No Defence To Obligations To Pay Rent
    • United Kingdom
    • Mondaq UK
    • 9 February 2023
    ...to be unjust). The court made reference to the following comments made by Carr LJ in Dargamo Holdings Ltd v Avonwick Holding Ltd [2021] EWCA Civ 1149 "...that an unjust factor does not normally override a legal obligation of the claimant to confer the benefit on the defendant. The existence......

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