Restitution, unjust enrichment and related claims

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Intervening bankruptcy prevents decision on third party debt orders (Michael Wilson v Sinclair)

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Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

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Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

The following Commercial news provides comprehensive and up to date legal information on Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

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Consent order

Claim No. [insert claim number].[IN THE HIGH COURT OF JUSTICE[BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify...

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Instructing an expert under the Guidance for the instruction of experts in civil claims

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9th Nov

Practice notes

Restitution for unjust enrichment—elements of the claim

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...

9th Nov

In-house

Practice notes

Hague Service Convention—service outside the jurisdiction

Coronavirus (COVID-19): when serving documents outside the jurisdiction, this may be affected by the impact of coronavirus on the availability of both...

9th Nov

Practice notes

Expert reports

This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your...

9th Nov

Practice notes

Service outside the jurisdiction—Form N510

This Practice Note considers the requirement for completing Court Form N510 (Notice for service out of the jurisdiction where permission of the court...

Produced in partnership with K & L Gates 12th Jan

Practice notes

Negligence—when does a duty of care arise?

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...

Produced in partnership with Professor Richard A Buckley 12th Jan

Practice notes

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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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Damages in tort claims—recovery and assessment

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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Equitable remedies in contractual disputes

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Strike out—no reasonable grounds for bringing or defending the claim (CPR 3.4(2)(a))

Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and...

9th Nov

Practice notes

Forum non conveniens—scope and application

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9th Nov

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Negligence—when is the duty of care breached?

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...

Produced in partnership with Professor Richard A Buckley 12th Jan

Practice notes

Tort—the different types of tort

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9th Nov

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Practice notes

Promissory estoppel

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Produced in partnership with Nicholas Macklam of Radcliffe Chambers 12th Jan

Most recent Restitution, unjust enrichment and related claims content

Q&As

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false) invoice apparently in the name of B, but payable to C’s account, is B liable to A in damages for the money A paid to C?

A is a customer of supplier B. Where A has mistakenly paid third party C, as a result of C having hacked into B’s records and issued an (false)...

12th May

Practice notes

Claim for subrogation—a restitutionary remedy

What is subrogation?Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of...

27th Apr

Practice notes

Knowing receipt and dishonest assistance claims

Claims for knowing receipt (sometimes also known as ‘unconscionable receipt’) and for dishonest assistance are sometimes referred to as ‘accessory...

26th Apr

Practice notes

Quantum meruit (value of services) and quantum valebat (value of goods)

When is quantum meruit and quantum valebat relevant?Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...

23rd Apr

Practice notes

Restitution for unjust enrichment—elements of the claim

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...

20th Apr

In-house

Practice notes

Restitution for wrongful acts

As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit obtained at...

20th Apr

Practice notes

Investigation and asset tracing for office-holders

Companies can find themselves victims of fraud or the vehicles for fraud perpetrated by management. In the former case, assets belonging to the...

Produced in partnership with Russell Hill of Squire Patton Boggs LLP and Mark Surguy of Weightmans LLP 9th Apr

Q&As

If A, in good faith, buys goods from B in circumstances where B purchased the goods from C some time ago and still owes C for them, can C demand the goods back from A in settlement of B’s debt owed to C?

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:...

9th Apr

Practice notes

Proprietary remedies (including following and tracing)

What are proprietary remedies?General principlesA proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie...

8th Apr

Practice notes

Defences to restitutionary claims

There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are...

8th Apr

Practice notes

Proprietary remedies following rescission and rectification

This Practice Note considers the availability of proprietary remedies following rescission and rectification. Where a contract (or gift) has been...

8th Apr

Practice notes

Limitation—constructive trust claims

What is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by Lord Sumption in Williams v Central...

8th Apr

Practice notes

The remedy of damages—general principles

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...

31st Mar

Q&As

A client (Party B) is owed money by a debtor (Party A). An invoice was sent by Party B, but their emails were hacked and the money owed to Party B was paid to the hacker (Party C). Who is at fault and can Party B recover the funds from Party A?

You may wish to consult the following Q&As which consider similar scenarios:•Where a supplier (B) has emailed an invoice to A for goods supplied by B...

13th Feb

Q&As

Can you assign a claim for unjust enrichment by way of legal and/or equitable assignment?

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...

11th Feb

Q&As

Would an equitable claim arise if a person, who is in possession of another's asset, incurs costs to upgrade the asset to be fit for purpose and seeks recovery of those costs from the owner?

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...

3rd Feb

Q&As

Where a donor under a power of attorney has died and the beneficiaries of the donor’s estate believe that the attorney was using the donor’s funds for their own benefit during the donor’s lifetime, what type of civil claim can be brought against the attorney (eg unjust enrichment, restitution)?

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...

Produced in partnership with Thomas Watts of Charles Russell Speechlys LLP 8th Jan

Q&As

Where A and B have agreed that on condition X occurring, A will pay B a sum of money but they have failed to identify in their agreement when and how such payment is to be made, will the court imply terms as to the time and manner of payment?

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...

Produced in partnership with Jane Dunlop of Clarke Willmott LLP 8th Jan

Q&As

What action can an executor take where beneficiaries have been overpaid due to a miscalculation and where monies are now required to settle a liability?

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...

Produced in partnership with Helen Galley of XXIV Old Buildings 8th Jan

Q&As

Is there any authority for the proposition that a claim for restitution is a claim for a liquidated sum?

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...

Produced in partnership with Chris Bryden of 4 King’s Bench Walk 8th Jan

Restitution, unjust enrichment and related claims

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Latest Dispute Resolution News

Intervening bankruptcy prevents decision on third party debt orders (Michael Wilson v Sinclair)

Commercial Court strikes out £58m unlawful means conspiracy claim (King v Stiefel)

Measure of damages for fraudulent misrepresentation clarified (Glossop Cartons and Print v Contact (Print & Packaging))

Contracts—‘Reasonable detail’ in notice clause determined by business purpose (Dodika Ltd and others v United Luck Group Holdings Ltd)

Featured Dispute Resolution content

Consent order

Applicable law clauses

Instructing an expert under the Guidance for the instruction of experts in civil claims

Strike out—after a strike out order has been made

Most recent Restitution, unjust enrichment and related claims content

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