Restitution, unjust enrichment and related claims

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Practice notes
What is a tort?This Practice Note provides an introduction to tort law by addressing three questions:•what does the concept of being liable in tort...
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Produced in partnership with Sri Carmichael of Hardwicke Chambers 19th May
Practice notes
What is a third party debt order (TPDO)?This Practice Note explains what a third party debt order (TPDO) (previously known as garnishee orders) is as...
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Practice notes
How to apply for a third party debt order (TPDO)This Practice Note provides guidance on the interpretation and application of the relevant provisions...
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Third party rights—the common law doctrine of privity of contractThis Practice Note discusses the common law doctrine of privity of contract; the...
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19th May
Practice notes
Skeleton argumentsThis Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the...
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Practice notes
Equitable remedies in contractual disputesWhile the primary remedy for contractual breach is that of damages (see Practice Note: Contractual...
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Produced in partnership with Zainab Hodgson of CMS 19th May
Practice notes
Default judgment—requirement to set aside promptly under CPR 13.3This Practice Note considers the requirement under CPR 13.3(2) for the defendant to...
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Precedents
[insert name and address of claimant or claimant’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 19th May
Q&As
Can Form N181 (directions questionnaire) be signed by way of electronic signature and, if so, will the court accept an electronic signature as...
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19th May
Practice notes
Fixed costs—money claimsTypes of claimsThese types of claims fall into two categories which are set out in CPR 45.1(2)(a) and (b): •CPR...
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19th May
Practice notes
Witness summonsWhere a party to proceedings wishes to compel a witness to attend court or produce documents to the court, they may consider using a...
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19th May
Practice notes
Costs budgeting—completing Precedent H (costs budget)On 1 October 2020, changes to both section II of CPR 3 and CPR PD 3E dealing with costs budgeting...
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19th May
Practice notes
Contract interpretation—terms implied by lawExpress and implied contractual terms distinguishedContractual terms may be either express or...
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19th May
Practice notes
The tort of procuring a breach of contractAs set out in The economic torts—overview, the law makes provision to protect a person’s trade or business...
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19th May
Practice notes
Documents to be served on the defendantThis Practice Note sets out the documents that need to be served on the defendant alongside the claim form in...
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19th May
Practice notes
Service of the claim form in the jurisdiction—deemed service (CPR 6.14)This Practice Note considers what is meant by the phrase ‘deemed service’ in...
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19th May

Most recent Restitution, unjust enrichment and related claims content

Practice notes
Restitution for unjust enrichment—elements of the claimWhat is unjust enrichment and when is it used?A claim based on unjust enrichment is one which...
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14th Sep
Practice notes
Restitution for wrongful actsAs summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair...
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14th Sep
Practice notes
Proprietary remedies following rescission and rectificationThis Practice Note considers the availability of proprietary remedies following rescission...
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14th Sep
Practice notes
The remedy of damages—general principlesWhat are damages?The term ‘damages’ refers to any amount of money awarded by a court in order to compensate a...
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13th Sep
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...
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13th Sep
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...
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13th Sep
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...
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9th Sep
Q&As
When issuing a claim for restitution for monies which have been paid in error is it more appropriate to issue the claim under Part 7 or Part 8 of the...
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Produced in partnership with Oliver Hilton of Radcliffe Chambers 9th Sep
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...
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2nd Sep
Practice notes
Defences to restitutionary claimsThere are a number of defences that should be considered when faced with a restitutionary claim for unjust...
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19th Aug
Practice notes
Proprietary remedies (including following and tracing)What are proprietary remedies?General principlesA proprietary remedy is one which attaches to...
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19th Aug
Practice notes
Limitation—constructive trust claimsWhat is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by...
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18th Aug
Q&As
Can you bring a civil claim to recover monies paid under blackmail?In conducting our research we have focussed on the civil claims that might exist...
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18th Aug
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...
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Produced in partnership with Chris Bryden of 4 King’s Bench Walk 18th Aug
Q&As
Where a debtor has paid a debt which it subsequently believes it did not need to pay, can it bring a claim for repayment and/or set off against other...
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Produced in partnership with Phil Roberts of Clarke Willmott 18th Aug
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...
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Produced in partnership with Thomas Watts of Charles Russell Speechlys LLP 15th Aug
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...
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Produced in partnership with Helen Galley of XXIV Old Buildings 15th Aug

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