Category: restitution

Benedetti v Sawiris and others – WLR Daily

Posted July 19th, 2013 in appeals, joint liability, law reports, restitution, telecommunications, unfair commercial practices by sally

Benedetti v Sawiris and others [2013] UKSC 50; [2013] WLR (D) 286

“A restitutionary award made on the basis of unjust enrichment where the benefit was in the form of services was normally to be assessed by reference to the objective market value of the services, tested by the price which a reasonable person in the defendant’s position would have had to pay for the services, and taking into account conditions which increased or decreased the objective value of the benefit to any reasonable person in that position.”

WLR Daily, 17th July 2013

Source: www.iclr.co.uk

Benedetti (Appellant) v Sawiris and others (Respondents) – Supreme Court

Posted July 17th, 2013 in appeals, joint liability, law reports, restitution, Supreme Court, telecommunications, unfair commercial practices by sally

Benedetti (Appellant) v Sawiris and others (Respondents) [2013] UKSC 50 | UKSC 2011/0087 (YouTube)

Supreme Court, 17th July 2013

Source: www.youtube.com/user/UKSupremeCourt

Menelaou v Bank of Cyprus UK Ltd – WLR Daily

Posted July 5th, 2013 in appeals, banking, debts, law reports, restitution, substitution by tracey

Menelaou v Bank of Cyprus UK Ltd: [2013] EWCA Civ 1960;   [2013] WLR (D)  266

“A bank which had released its charges over property in exchange for a new charge over property purchased from the proceeds of sale of the other property was entitled by subrogation to an unpaid vendor’s lien on the new property.”

WLR Daily, 2nd July 2013

Source: www.iclr.co.uk

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs – WLR Daily

Posted April 2nd, 2013 in law reports, restitution, taxation, VAT by sally

Investment Trust Companies (in liquidation) v Revenue and Customs Comrs [2013] EWHC 665 (Ch); [2013] WLR (D) 125

“The scope of the cause of action in the law of restitution to recover tax which has been unlawfully exacted should be confined to those who themselves paid the sums to a public authority in response to an apparent statutory requirement to do so.”

WLR Daily, 26th March 2013

Source: www.iclr.co.uk

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs) – WLR Daily

Posted May 25th, 2012 in corporation tax, EC law, law reports, limitations, restitution by tracey

Test Claimants in the Franked Investment Income Group Litigation v Customs and Excise Comrs (formerly Inland Revenue Comrs): [2012] UKSC 19;  [2012] WLR (D)  161

“Claims for recovery of unlawfully exacted tax under the principle in Woolwich Equitable Building Society v Inland Revenue Comrs [1993] AC 70 (‘the Woolwich principle’) were not limited to those cases where there had been an actual demand by the revenue for payment, but applied generally in all cases where there had been a payment in response to an apparent statutory requirement to pay tax, which was not lawfully due.”

WLR Daily, 23rd May 2012

Source: www.iclr.co.uk

MacDonald and others v Costello and another – WLR Daily

Posted August 2nd, 2011 in appeals, contracts, law reports, restitution by sally

MacDonald and others v Costello and another [2011] EWCA Civ 930; [2011] WLR (D) 268

“Where building work was carried out pursuant to a contract made with a company for the benefit of its shareholders and directors, they were not liable in restitution for unjust enrichment when the company failed to make payments under the contract.”

WLR Daily, 29th July 2011

Source: www.iclr.co.uk

R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and Others – Times Law Reports

Posted November 4th, 2008 in competition, law reports, restitution, statutory duty by sally

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and Others

Court of Appeal

“An account of profits could not be awarded on a claim for a nonproprietary tort.”

The Times, 4th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others – WLR Daily

Posted October 17th, 2008 in competition, EC law, law reports, restitution, statutory duty by sally

Devenish Nutrition Ltd v Sanofi-Aventis SA (France) and others [2008] EWCA Civ 1086; [2008] WLR (D) 317

“An account of profits could not be awarded on a claim for a non-proprietary tort. Community law neither prevented nor required the recognition in domestic law of a restitutionary award as a remedy for breach of statutory duty.”

WLR Daily, 16th October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.