Restitution, unjust enrichment and related claims

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Practice notes
This Practice Note considers the concepts of joint privilege (being joint retainer or joint interest privilege) and common interest privilege,...
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9th Nov
Practice notes
Where a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a witness summons....
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9th Nov
Practice notes
This Practice Note is concerned with substantive interim injunctions, which are a particular species of injunction granted on a temporary basis ahead...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Note:•this Practice Note gives specific guidance on matters proceeding in the Technology and Construction Court (TCC) under the provisions set out in...
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9th Nov
Practice notes
Similar facts evidence—meaning and the general positionOn occasion, evidence may exist that, for example, your client or opponent has behaved in a...
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9th Nov
Precedents
[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...
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Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan
Precedents
Claim No. [insert claim number][IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location]]][Specify...
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9th Nov
Practice notes
The termination of a contract by reason of one party’s breach of contract arises as follows:•one party to the contract is in breach of contract•the...
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9th Nov
Practice notes
Note: this Practice Note deals with the preparation of bundles for trial. For information on preparing bundles for interim applications, see Practice...
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9th Nov
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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9th Nov
Practice notes
This Tracker lists a number of decisions of the English courts in which the Court of Justice decision in Owusu v Jackson has been considered. This...
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9th Nov
Precedents
[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...
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9th Nov
Practice notes
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...
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9th Nov
Practice notes
Nuisance claims are recognised in the following way:•private nuisance—interference with the use/enjoyment of land causing injury•public nuisance—an...
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9th Nov
Practice notes
This Practice Note considers the standard of proof in civil claims based on the defendant’s alleged fraud. It considers the test for dishonesty (per...
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9th Nov

Most recent Restitution, unjust enrichment and related claims content

Practice notes
There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are...
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18th Jan
Practice notes
What are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a claimant who has suffered loss or damage...
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18th Jan
Practice notes
What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...
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18th Jan
Practice notes
When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...
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18th Jan
Practice notes
Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...
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18th Jan
Practice notes
What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...
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18th Jan
Practice notes
What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...
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18th Jan
Practice notes
Companies can find themselves victims of fraud or the vehicles for fraud perpetrated by management. In the former case, assets belonging to the...
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Produced in partnership with Russell Hill of Squire Patton Boggs LLP and Mark Surguy of Weightmans LLP 15th Jan
Practice notes
What is unjust enrichment and when is it used?A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that...
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15th Jan
Q&As
An attorney’s ability to make payments to themselves under a simple power of attorney (for example, in relation to a bank account) will be governed by...
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Produced in partnership with Thomas Watts of Charles Russell Speechlys LLP 8th Jan
Q&As
If there are no express or terms between the parties (and the court refuses to impute any), is there any basis on which B can recover from A?If A and...
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Produced in partnership with Jane Dunlop of Clarke Willmott LLP 8th Jan
Q&As
Where, due to a miscalculation, a beneficiary has been overpaid and the executors need money in order to pay liabilities of the estate, the executors...
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Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan
Q&As
The law of restitution is an area which excites significant academic commentary, but which remains in a state of development in terms of its practical...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan
Q&As
Practice Note: Restitution for unjust enrichment—elements of the claim explains the elements required for a claimant to found a claim in restitution...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan
Q&As
In this Q&A, we have taken into consideration whether it is appropriate to issue the claim under Part 7 or Part 8 of the Civil Procedure Rules 1998.A...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan
Q&As
This scenario refers to a debt which has been paid outside of litigation (not in response to a court order) and not in response to a full and final...
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Produced in partnership with Philip Roberts of Clarke Willmott LLP 8th Jan
Q&As
In circumstances where money has been paid for goods or services in advance, and the goods or services are not provided, there will be an unjust...
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Produced in partnership with Howard Smith of Radcliffe Chambers 8th Jan
Practice notes
As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit obtained at...
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6th Jan
Q&As
In answering this Q&A, we assume you are referring to a business to business transaction for the hire of goods which have not been supplied fit for...
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6th Dec

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