³ÉÈËÓ°Òô

Restitution, unjust enrichment and related claims


What is a restitutionary claim?

Restitution in English law is a remedy that aims to restore to an innocent party the gains that someone else has obtained from them.

In Lipkin Gorman v Karpnale, the House of Lords gave formal recognition to the law of restitution as being separate to any element of contract law—the law of restitution is not based upon implied contract; rather it is based upon the principle that unjust enrichments must be reversed. This independence of the law of restitution and its foundation in the principle that unjust enrichments must be reversed and the need to distinguish clearly between the law of contract and the law of restitution was affirmed by the House of Lords in their 1998 decision in Banque Financière de la Cité v Parc (Battersea) Ltd.

Restitution can be divided into two distinct categories:

  1. •

    restitution for unjust enrichment, and

  2. •

    restitution for wrongdoing

Commonly recognised scenarios arising when discussing restitutionary claims include:

  1. •

    actions for money had and received (unjust enrichment)

  2. •

    restitutionary damages for equitable or tortious wrongs

  3. •

    claims for an account of profits

  4. •

    relief

To view the latest version of this document and thousands of others like it, sign-in with ³ÉÈËÓ°Òô or register for a free trial.

TAKE A FREE TRIAL
Powered by Lexis+®
Latest Dispute Resolution News

The treatment of legal and equitable interests in WFOs and injunctions in other jurisdictions (Segulah Medical Acceleration AB v Tripathi)

Dispute Resolution analysis: The High Court was seized with cross-applications in the context where a worldwide freezing order (WFO) and proprietary injunctions had been granted at a without notice hearing and continued thereafter. The court considered whether to discharge a WFO and proprietary injunctions that had been obtained based on an applicant’s undertaking not to enforce in any other jurisdiction other than England and Wales. The court also had to consider whether a sole shareholder in a company who had the power to control that company, owned that company’s assets in equity, such that the company’s assets could be said to be his assets. This required a consideration of the so-called Extended Definition of assets under an (otherwise) standard form WFO and competing authorities as the correct approach. Written by Lauren Godfrey, barrister at Gatehouse Chambers.

CJC calls for single court to enforce unpaid civil judgments

Law360, London: A government advisory body has called for the creation of a unified digital court to enforce unpaid debt judgments because the two-tier system divided between the High Court and the County Court 'is not working as it should'.

CATJ announces High Court Easter vacation arrangements for 2025

The Courts and Tribunals Judiciary (CATJ) has published arrangements for the High Court Easter vacation period, with the Royal Courts of Justice and Rolls Building closing from 18-21 April 2025. Vacation judges have been appointed across divisions to handle urgent matters from 16-29 April 2025. The Chancery Division will be covered by Justices Johnson, Trower and Bacon, while the King's Bench Division will be managed by Justices Cheema-Grubb, Freedman and Goose.

Tommy Robinson's mental health 'deteriorating' in prison

Law360, London: Counsel for far-right activist Stephen Yaxley-Lennon urged the Court of Appeal on 11 April 2025 to reduce his 18-month sentence for contempt of court, arguing that prison conditions have caused a 'demonstrable effect' on his mental health.

View Dispute Resolution by content type :  
News
Practice notes
Precedents
Q&As

Popular documents

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious

Unfair prejudice—Court of Appeal consideration of application to strike out parts of a petition (Zedra

Dispute Resolution analysis: A petitioner claiming unfair prejudice is entitled to rely on breaches by the directors of their fiduciary and statutory duties to the company as conduct of the affairs of the company which was unfairly prejudicial to the petitioner. In this case, Zedra (the petitioner)

Rescission of a contract

Rescission of a contractThis Practice Note considers the remedy of rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on
Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claim

Negligence—key elements to establish a negligence claimThis Practice Note outlines the key elements for establishing a claim in negligence. For specific guidance on negligence in the context of company/parent company liability, banks and in professional negligence cases, see:•Practice Note: Tortious

Unfair prejudice—Court of Appeal consideration of application to strike out parts of a petition (Zedra

Unfair prejudice—Court of Appeal consideration of application to strike out parts of a petition (Zedra

Dispute Resolution analysis: A petitioner claiming unfair prejudice is entitled to rely on breaches by the directors of their fiduciary and statutory duties to the company as conduct of the affairs of the company which was unfairly prejudicial to the petitioner. In this case, Zedra (the petitioner)

Rescission of a contract

Rescission of a contract

Rescission of a contractThis Practice Note considers the remedy of rescission, summarising when and how a contract may be rescinded (at common law, equity and under statute) and thereby brought to an end. It includes the effect of rescission, the main grounds for rescinding a contract

The doctrine of res judicata

The doctrine of res judicata

The doctrine of res judicataWhat is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on