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.

Restitution for wrongs

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
Intellectual property torts
Non-proprietary torts

Breach of contract

Breach of fiduciary duty

Breach of confidence

See also

References