Counter-restitution and qualifying benefits (School Facility Management Ltd and others v Governing Body of Christ the King College)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Dispute Resolution analysis: This appeal concerned a single issue, namely the extent to which the enrichment received by a claimant could be taken into account in a defendant’s counter-restitution claim. The Court of Appeal found against the appellant (and defendant in the High Court proceedings) the governing body of Christ the King College (the college), holding that to be taken into account, the benefits received must be ‘sufficiently closely connected’ to the benefits provided. It was proper to keep this formulation broad, even if it might give rise to difficulties in application, in certain circumstances. Written by Christopher Burt, legal director at Wedlake Bell LLP.