Restitution, unjust enrichment and related claims

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Precedents

Part 36 offer—claimant Part 36 offer letter

[insert name and address of defendant or defendant's legal representative][insert date]Without prejudice—save as to costsDear [insert organisation...

Produced in partnership with David Juckes, Barrister of Hailsham Chambers 12th Jan

Precedents

Particulars of claim—breach of contract

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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Preparing trial bundles

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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...

9th Nov

Practice notes

Application of the decision in Owusu v Jackson—key and illustrative decisions

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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Precedents

Letter of claim—damages for breach of contract—acceptance of contract repudiation

[ON THE HEADED NOTEPAPER OF CLAIMANT’S SOLICITORS]FAO [RELEVANT NAME][NAME OF DEFENDANT OR DEFENDANT’S SOLICITOR IF KNOWN][ADDRESS LINE 1][ADDRESS...

9th Nov

Practice notes

Disclosure—preparing the list of documents

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Nuisance—what are public and private nuisance claims?

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Practice notes

Civil fraud—dishonesty and standard of proof

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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Most recent Restitution, unjust enrichment and related claims content

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...

18th Jan

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...

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Practice notes

Limitation—constructive trust claims

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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...

18th Jan

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...

18th Jan

Practice notes

Proprietary remedies (including following and tracing)

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18th Jan

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...

18th Jan

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 15th Jan

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...

15th Jan

In-house

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

Q&As

What are the necessary elements to establish a claim for unjust enrichment?

Practice Note: Restitution for unjust enrichment—elements of the claim explains the elements required for a claimant to found a claim in restitution...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan

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?

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...

Produced in partnership with Oliver Hilton of Radcliffe Chambers 8th Jan

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?

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...

Produced in partnership with Philip Roberts of Clarke Willmott LLP 8th Jan

Q&As

In a claim to recover money paid for the provision of goods or services, for which no written agreement has been signed, when the goods or services are not supplied, is the claimant’s claim, for the purposes of its letter of claim, based on breach of contract, in restitution or as a debt recovery claim?

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...

Produced in partnership with Howard Smith of Radcliffe Chambers 8th Jan

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...

6th Jan

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?

Data protection implicationsThe company, as controller of the customer’s personal data, must comply with its obligations under the Data Protection Act...

24th Dec

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...

6th Dec

Restitution, unjust enrichment and related claims

View Dispute Resolution by content type:

Latest Dispute Resolution News

Regulating the use of automatic recognition technology (R (on the application of Bridges) v Chief Constable of South Wales Police)

Oral disclosures of personal information and the GDPR

Court of Appeal upholds decision to stay claim on grounds of forum non conveniens (Kennedy v The National Trust for Scotland)

Court of Appeal confirms organisation liable for employee’s data breach, even though not at fault (Wm Morrison Supermarkets plc v Various Claimants)

Featured Dispute Resolution content

Novation—why and how to novate a contract

What is a third party debt order (TPDO)?

Contract interpretation—express terms in contracts

Contractual damages—pecuniary losses

Most recent Restitution, unjust enrichment and related claims content

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