The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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 as a result of a wrong for which the defendant is responsible. It is traditionally a common law remedy, although the court may also award equitable damages in certain circumstances (see further below).
In this way, they are distinguishable from the remedy available in a claim based on unjust enrichment, which is concerned with an unjustified gain by the defendant independently of whether the latter is a wrongdoer. Therefore other pecuniary claims, such as for the return of money paid by mistake, or where consideration has failed or for the reasonable value of goods supplied or services rendered, are distinguishable from a claim for damages (for these former types of claim and remedy, see subtopic: Restitution and unjust enrichment—overview).
Note the following dicta of the Supreme Court in Sainsbury's v Visa Europe (when assessing damages for breach of competition law):
‘217. The court in applying the compensatory principle is charged with avoiding under-compensation and also over-compensation. Justice is not achieved if a claimant receives less or more than its actual loss. But in applying the principle the court must also have regard to another principle, enshrined in the overriding objective of the Civil Procedure Rules, that legal disputes should be
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This Practice Note considers the doctrine of forum non conveniens, also referred to as the appropriate forum or the proper place for a dispute to be determined. This doctrine is of relevance when determining whether the courts of England and Wales have jurisdiction to hear a dispute and is applied
Background to the Single RulebookHistorically, the European Commission (Commission) favours using Directives (rather than Regulations) to set out its legislation in respect of the financial services sector. However, Directives, allowing Member States greater flexibility in how they implement
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