Restitution, unjust enrichment and related claims

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Practice notes
Brexit: The UK's departure from the EU on exit day ie Friday 31 January 2020 has implications for practitioners considering the use of ADR as it may...
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9th Nov
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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9th Nov
Practice notes
Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...
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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
This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...
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Produced in partnership with K & L Gates 12th Jan
Practice notes
This Practice Note considers one of the first questions to ask when faced with a prospective claim in negligence—whether or not a duty of care exists...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
Right to costs recovery following an interim applicationIt is important to be aware that a party does not have a right to recover the costs it incurs...
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9th Nov
Practice notes
This Practice Note considers what damages may be available as remedy for claims in tort, including negligence claims.For general guidance on damages,...
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Produced in partnership with Lina Mattsson of Hardwicke Chambers 12th Jan
Practice notes
While the primary remedy for contractual breach is that of damages (see Practice Note: Contractual damages—general principles and related content),...
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Produced in partnership with Zainab Hodgson of CMS 12th Jan
Practice notes
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...
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9th Nov
Practice notes
This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be...
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9th Nov
Practice notes
Having established that a duty of care exists (see Practice Note: Negligence—when does a duty of care arise?), it is then necessary to consider...
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Produced in partnership with Professor Richard A Buckley 12th Jan
Practice notes
This Practice Note identifies the main torts (bar negligence and nuisance, which are covered elsewhere in our related content) and their key...
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Produced in partnership with Kate Temple-Mabe and Adam Weitzman QC of 7BR 12th Jan
Practice notes
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because,...
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9th Nov
Practice notes
There may be times when, rather than assigning the benefit of an agreement to a third party, the original parties wish instead to end their...
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Produced in partnership with Jon Chapman of Clarkslegal LLP 12th Jan
Practice notes
For guidance on the basic features of the doctrine of estoppel and the different classifications it has been subject to, see Practice Note:...
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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Restitution, unjust enrichment and related claims content

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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27th Apr
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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26th Apr
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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23rd Apr
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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20th Apr
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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20th Apr
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 9th Apr
Q&As
In the absence of any further information, it appears in this situation that A would be deemed a bona fide purchaser for value, see Practice Note:...
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9th Apr
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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8th Apr
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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8th Apr
Practice notes
This Practice Note considers the availability of proprietary remedies following rescission and rectification. Where a contract (or gift) has been...
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8th Apr
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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8th Apr
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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31st Mar
Q&As
An assignment is the transfer of a right or an interest vested in one party, the assignor, to another party, the assignee. You can assign a claim or...
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11th Feb
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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3rd Feb
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

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