What is subrogation? Subrogation is an equitable mechanism aimed at preventing unjust enrichment by permitting one party to ‘step into the shoes’ of another and to bring...
There are a number of defences that should be considered when faced with a restitutionary claim for unjust enrichment. Essentially, these defences are available where it...
Companies can find themselves victims of fraud or the vehicles for fraud perpetrated by management. In the former case, assets belonging to the company are...
Claims for knowing receipt (sometimes also known as ‘unconscionable’ receipt) and for dishonest assistance are sometimes referred to as ‘accessory liability’ in that they...
What is the nature of the constructive trust? There are two categories of 'constructive trustee' as described by Lord Sumption in Williams: • the first category comprises...
This Practice Note considers the availability of proprietary remedies following rescission and rectification. Where a contract (or gift) has been rescinded or a contract...
A proprietary remedy is one which attaches to specific property (as opposed to a ‘personal remedy’ ie a damages claim for money). That is not to say then when considering...
When might a quantum meruit or a quantum valebat claim arise? Claims in quantum meruit (value of services) and quantum valebat (value of goods) arise in diverse...
Unjust enrichment claim—what is it and when is it used? A claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that someone else...
As summarised in: Restitution and unjust enrichment—overview, restitution is concerned with reversing one party’s unfair or unjust benefit at the expense of another...
This Practice Note sets out the general principles applicable when considering the remedy of damages. It draws on the judgment of Lord Reed in Morris-Garner v One Step...
