Restitution in English law
Restitution in English law is a remedy which aims to restore to an innocent person the gains which someone else has. Restitution, which focuses on gains, is meant to be the counterpart of compensation, which focuses on losses. In English law you may seek restitution from another person's unjust enrichment at your expense, or restitution in the case of certain wrongs (breach of fiduciary duty, some contracts, some torts) where one falls into a category that the law recognises as creating a legitimate interest over the growth of another's assets.
Restitution for unjust enrichment
Restitution, where a gain is taken away, is the standard remedy for unjust enrichment, where someone has made a gain at the expense of another person, and the law recognises no relevant defence.
- Lampleigh v Brathwait (1615)
- Moses v Macferlan (1760)
- Taylor v Plumer (1815)
- Planche v Colburn (1831)
- Marsh v Keating (1834)
- Erlanger v New Sombrero Phosphate Co (1878)
- Allcard v Skinner (1887)
- Sinclair v Brougham [1914]
- Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd [1942]
- Re Diplock [1948]
- Solle v Butcher [1950]
Restitution for wrongs
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Restitution for wrongs refers to a remedy where a gain can be taken away (or 'stripped', 'disgorged', etc.) from a defendant who has committed a wrong, either a tort, breach of contract, breach of fiduciary duty or breach of confidence.
Torts
- Proprietary torts
- United Australia Ltd v Barclays Bank Ltd
- Phillips v Homfray (1883)
- Edwards v Lee's Administrators
- Penarth Dock Engineering Co Ltd v Pounds
- Bracewell v Appleby
- Stoke-on-Trent City Council v W&J Wass Ltd
- Ministry of Defence v Ashman
- Jaggard v Sawyer
- Intellectual property torts
- Colbeam Plamer Ltd v Stock Affiliates Pty Ltd
- Patents Act 1977 ss 61-62
- Copyright, Designs and Patents Act 1988 ss 96-97, 191I-J, 229 and 233
- Non-proprietary torts
- Halifax Building Society v Thomas
- Law Commission, Aggravated, Exemplary and Restitutionary Damages (1997) No 247
- Draft Bill clauses 12(1), (5) and 15(6)
Breach of contract
- Wrotham Park Estate Co Ltd v Parkside Homes Ltd
- Attorney General v Blake
- Experience Hendrix LLC v PPX Enterprises Inc
- World Wide Fund for Nature v World Wrestling Federation Entertainment Inc
Breach of fiduciary duty
- Reading v Attorney-General
- Attorney-General for Hong Kong v Reid
- Daraydan Holdings Ltd v Solland International Ltd
Breach of confidence
- Attorney General v Guardian Newspapers (No 2)
- LAC Minerals Ltd v International Corona Resources Ltd
See also
- English unjust enrichment
References
- P Birks, Unjust Enrichment (2nd Ed, Clarendon, Oxford, 2005)
- A Burrows, J Edelman and E McKendrick, Cases and Materials on the Law of Restitution (2nd Ed, OUP, Oxford, 2007)
- Charles Mitchell and Paul Mitchell, Landmark Cases in the Law of Restitution (Hart, 2006), essays on legal history.