Restitution, unjust enrichment and related claims

Practice notes

Restitution for unjust enrichment—elements of the claim

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...

14th Sep

In-house

Practice notes

Restitution for wrongful acts

Restitution for wrongful actsAs summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair...

14th Sep

Practice notes

Proprietary remedies following rescission and rectification

Proprietary remedies following rescission and rectificationThis Practice Note considers the availability of proprietary remedies following rescission...

14th Sep

Practice notes

The remedy of damages—general principles

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...

13th Sep

Practice notes

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

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

13th Sep

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)...

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 goods back from A in settlement of B’s debt owed to C?

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...

13th Sep

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?

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...

13th Sep

Q&As

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

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...

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 Civil Procedure Rules 1998?

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...

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 recovery of those costs from the owner?

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...

2nd Sep

Practice notes

Defences to restitutionary claims

Defences to restitutionary claimsThere are a number of defences that should be considered when faced with a restitutionary claim for unjust...

19th Aug

Practice notes

Proprietary remedies (including following and tracing)

Proprietary remedies (including following and tracing)What are proprietary remedies?General principlesA proprietary remedy is one which attaches to...

19th Aug

Practice notes

Limitation—constructive trust claims

Limitation—constructive trust claimsWhat is the nature of the constructive trust?There are two categories of 'constructive trustee' as described by...

18th Aug

Q&As

Can you bring a civil claim to recover monies paid under blackmail?

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...

18th Aug

Q&As

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

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...

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 amounts owed? What limitation issues may arise?

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...

Produced in partnership with Phil Roberts of Clarke Willmott 18th Aug

Q&As

Party A has purchased laptops from a supplier (party B). Party A has sold the laptops to party C. It is now discovered that the laptops were stolen from a manufacturer (party D) and so party B had no right to sell them to party A. Party D has now demanded that party A return the laptops to party D (but party A cannot as they sold them on to party C). In such scenario, assuming party A was a bona fide purchaser for value and assuming that party D can prove it retains title to the laptops (such that party D can demand their return), what course of action is open to party A?

Party A has purchased laptops from a supplier (party B). Party A has sold the laptops to party C. It is now discovered that the laptops were stolen...

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 their own benefit during the donor’s lifetime, what type of civil claim can be brought against the attorney (eg unjust enrichment, restitution)?

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...

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 liability?

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

Produced in partnership with Helen Galley of XXIV Old Buildings 15th Aug

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