http://www.ucc.ie/law/restitution/ All recent additions to the Restitution site. en-uk http://blogs.law.harvard.edu/tech/rss Dreamweaver 8 s.hedley@ucc.ie (Steve Hedley) http://www.cearta.ie/2010/11/can-you-recover-taxes-and-charges-from-airlines-when-you-dont-travel/ “Yes, you can. If you book to travel with an airline, and pay their fee plus government taxes and airport charges, but if you then don’t travel, so that the taxes are not due and the charges are not incurred, you are entitled to recover those taxes and charges from the airline. If the contract between you and the airline contains a clause either making them irrecoverable or imposing disproportionately high administration fees to recover them, that clause is unenforceable (on foot of the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 (SI No 27 of 1995). I have already discussed this matter here, here, and here …” (Cearta, 16 November) Tue, 16 Nov 2010 10:45:07 GMT http://www.cearta.ie/2010/11/can-you-recover-taxes-and-charges-from-airlines-when-you-dont-travel/ http://www.setexasrecord.com/news/231237-class-action-filed-over-online-advertising-to-smart-phones "A recently filed class action claims a corporation is violating several laws by extending online advertising to the mobile environments of smart phones and other mobile, hand-held digital cellular devices. Arlando Cooks, Kenneth Harrison and Charmaine Smith, on behalf of themselves and all other similarly situated, filed suit against Ringleader Digital Inc. (RDI) on Nov. 5 in the Eastern District of Texas, Marshall Division ..." (South East Texas Record, 12 November) Tue, 16 Nov 2010 10:44:07 GMT http://www.setexasrecord.com/news/231237-class-action-filed-over-online-advertising-to-smart-phones http://insurancecoverage.typepad.com/insurance_and_reinsurance/2010/11/court-dismisses-two-of-three-claims-involving-unpaid-brokerage-commission.html "Guy Carpenter and Company, LLC (“Guy Carpenter”) is a reinsurance intermediary. Lockton RE, LP and Lockton Insurance Agency, Inc. (collectively “Lockton”) is a competitor. Two insurance companies were clients of Guy Carpenter and Guy Carpenter placed reinsurance contracts for them in exchange for a brokerage fee. The parties agreed that the brokerage fee would be paid by allowing Guy Carpenter to retain a percentage of the quarterly premium payments its clients made to the reinsurers. Eventually, the two insurers notified Guy Carpenter of their intent to use a different broker, Lockton. This allegedly occurred when a particular broker left Guy Carpenter for new employment with Lockton ..." (The Insurance and Reinsurance Report, 10 November) Tue, 16 Nov 2010 10:43:07 GMT http://insurancecoverage.typepad.com/insurance_and_reinsurance/2010/11/court-dismisses-two-of-three-claims-involving-unpaid-brokerage-commission.html http://oplawblog.blogspot.com/2010/11/macomb-woman-divorces-obtains-divorce.html “…The Court of Appeals was not persuaded by the sister's legal arguments in equity, deciding that a married person cannot execute an estate plan that effectively acts as a ‘posthumous divorce’. The appellate court’s ruling emphasized the sanctity of marital property intact and declined to ‘invent a claim’ from which a decedent spouse can reach her surviving husband from her grave. In reversing the intermediate appellate court, the Supreme Court extended the doctrine of contribution to find Husband liable for his portion of the maintenance of the property. The high court was persuaded to fashion an equitable remedy where Sister had no remedy at law. Essentially, the Supreme Court found that Husband had been unjustly enriched by reaping the benefits of his wife's maintenance and improvements to the properties, while contributing nothing …” (The Law Blogger, 12 November) Tue, 16 Nov 2010 10:42:07 GMT http://oplawblog.blogspot.com/2010/11/macomb-woman-divorces-obtains-divorce.html http://www.cearta.ie/2010/11/have-older-people-in-private-nursing-homes-received-a-fair-deal-from-the-state/ “The Ombudsman yesterday published Who Cares? An Investigation into the Right to Nursing Home Care in Ireland. The gist of the Report is that the State is failing in its legal obligations to older people in need of nursing home care. Moreover, the Ombudsman was sharply critical of the refusal of the Government and State agencies to co-operate with her inquiry …” (Cearta, 10 November) Tue, 16 Nov 2010 10:41:07 GMT http://www.cearta.ie/2010/11/have-older-people-in-private-nursing-homes-received-a-fair-deal-from-the-state/ http://www.cearta.ie/2010/11/littlewoods-questions/ “The Littlewoods Ireland website proudly proclaims that it is Ireland’s leading online store. Since 1923, Littlewoods ran a mail- and phone-order catalogue sales business; and it is now the brand name of a successful internet retail sales company. Littlewoods are also the plaintiffs in an interesting case involving restitution of overpaid taxes. In Littlewoods Retail Ltd v HM Revenue and Customs [2010] EWHC 1071 (Ch) (19 May 2010), 15 claimants within the Littlewoods group of companies claimed compound interest amounting more than £1 billion on overpayments of VAT between 1973 and 2004. Subject to the outcome of a reference to the Court of Justice of the European Union (CJEU), their claim failed. In [2010] EWHC 2771 (Ch) (04 November 2010) Vos J has now decided on the questions to be referred to the CJEU …” (Cearta, 9 November) Tue, 16 Nov 2010 10:40:07 GMT http://www.cearta.ie/2010/11/littlewoods-questions/ http://planupdate.blogspot.com/2010/11/unjust-enrichment-not-applic-where.html "Wayne Moving and Storage v. School District of Philadelphia - October 28, 2010 - 3d Circuit Court of Appeals. In Wilson Area School District v. Skepton, the Supreme Court of Pennsylvania held that parties to a contract 'are not entitled to the remedies available under a judicially-imposed quasi[-]contract [i.e., the parties are not entitled to restitution based upon the doctrine of unjust enrichment] because the terms of their agreement (express and implied) define their respective rights, duties, and expectations' ..." (PLAN Legal Update, 2 November) Tue, 16 Nov 2010 10:39:07 GMT http://planupdate.blogspot.com/2010/11/unjust-enrichment-not-applic-where.html http://tushnet.blogspot.com/2010/11/complete-fraud-justifies-class-action.html “Lee v. Carter-Reed Company, L.L.C., --- A.3d ----, 2010 WL 3781595 (N.J.) Plaintiff Melissa Lee spent about $120 on three bottles of a dietary supplement pill called Relacore, marketed primarily as a weight-reduction product that also lessens anxiety and elevates mood. She sued on behalf of a putative New Jersey class for false advertising under the New Jersey Consumer Fraud Act, breach of express and implied warranties, and unjust enrichment. She alleged that there is no scientific support that Relacore provides any of the benefits claimed by Carter Reed …” (Rebecca Tushnet's 43(B)log, 2 November) Tue, 16 Nov 2010 10:38:07 GMT http://tushnet.blogspot.com/2010/11/complete-fraud-justifies-class-action.html http://legalperspectives.blogspot.com/2010/10/unjust-enrichment-law-revisited.html "The State cannot be unjustly enriched. Therefore when a question comes as to whether the State should retain an amount or an individual where both are not legally entitled to, the Courts tilt in the favour of the State. Generally applicable on illegal collection of tax by one citizen from another and therefore non-payment of the same to the State where even State is not entitled to collect it, the Supreme Court has consistently applied this theory to require the citizen to remit the amount either back to the person from where collected or hand it to the State for being used for general welfare ..." (Law-in-perspective, 29 October) Tue, 16 Nov 2010 10:37:07 GMT http://legalperspectives.blogspot.com/2010/10/unjust-enrichment-law-revisited.html http://blogs.findlaw.com/fifth_circuit/2010/10/packard-v-oca-inc-no-09-41004.html "In Packard v. OCA Inc., No. 09-41004, defendants' appeal from summary judgment for plaintiff on defendant's counterclaims for unjust enrichment and money had and received, the court affirmed where, as a matter of Texas law, defendant could not pursue its equitable counterclaims to recover benefits conferred pursuant to the illegal contract ..." (US Fifth Circuit, 27 October) Tue, 16 Nov 2010 10:36:07 GMT http://blogs.findlaw.com/fifth_circuit/2010/10/packard-v-oca-inc-no-09-41004.html http://skepticlawyer.com.au/2010/10/30/disgorgement-of-profits-and-david-hicks-2/ "One of my key areas of interest and research involves considering if and when we should strip people’s profit which has been derived by breach of contract. The landmark cases often involve former spies who have published a book without the consent of their former government employers. Such cases are made easier by the fact that spies typically sign a contract stating that they will seek the consent of their employers before publishing any information relating to their employment. These obligations are typically buttressed by legislation which makes it illegal to disclose certain official secrets ..." (Skepticlawyer, 30 October) Tue, 16 Nov 2010 10:35:07 GMT http://skepticlawyer.com.au/2010/10/30/disgorgement-of-profits-and-david-hicks-2/ http://updates.kw-llp.com/2010/10/fyi-5th-cir-says-differing-state-laws.html "The U.S. Court of Appeals for the Fifth Circuit recently affirmed a district court's denial of class certification in an alleged breach of fiduciary case against Fannie Mae, holding that differences in state law precluded class certification ..." (Consumer Lending Law Developments, 28 October) Tue, 16 Nov 2010 10:34:07 GMT http://updates.kw-llp.com/2010/10/fyi-5th-cir-says-differing-state-laws.html http://legaldevelopments.blogspot.com/2010/10/restitution-indian-contract-act-and.html "The law of restitution and the principle against unjust enrichment has developed to a great extent under common law alongside the law of contract and the law of tort. Essentially, for a claim to be made under the unjust enrichment principle, there are four questions which are relevant – first, has the defendant been benefitted/enriched; secondly, was the enrichment at the plaintiff’s expense; thirdly, was the enrichment unjust; and finally, are any defenses available ..." (Law and Legal developments, 28 October) Tue, 16 Nov 2010 10:33:07 GMT http://legaldevelopments.blogspot.com/2010/10/restitution-indian-contract-act-and.html http://www.cearta.ie/2010/10/subrogation-shipping-and-unjust-enrichment/ “In an earlier post, I discussed the subrogation claim in Bell Lines v Waterford Multiport Ltd [2006] IEHC 188 (28 April 2006) rvsd [2010] IESC 15 (18 March 2010). My basic point was that subrogation arises for all sorts of reasons. As Lord Diplock put it in Orakpo v Manson Investments [1978] AC 95, followed in this respect by Neuberger LJ in Cheltenham and Gloucester Plc v Appleyard [2004] EWCA Civ 291 (15 March 2004) [32], it ‘embraces more than a single concept’. Apart from the insurance context where it is largely a matter of contract, several reasons have been proferred to explain when subrogation arises by operation of law …” (Cearta, 18 October) Tue, 16 Nov 2010 10:32:07 GMT http://www.cearta.ie/2010/10/subrogation-shipping-and-unjust-enrichment/ http://windingforward.blogspot.com/2010/10/taylor-swift-sued-by-first-manager.html "It takes a village to raise a child, and when that child becomes a Grammy award winning artist worth millions of dollars, those who helped develop the child often come seeking a monetary contribution for their efforts. To protect minors from being taken advantage of by managers in the entertainment industry, several states have instituted safe-harbor laws. Dan Dymtrow has brought the most recent high profile litigation alleging breach of contract by an under age celebrity and seeking to recover millions of dollars from country-pop crossover sensation Taylor Swift ..." (Winding Forward, 17 October) Tue, 16 Nov 2010 10:31:07 GMT http://windingforward.blogspot.com/2010/10/taylor-swift-sued-by-first-manager.html http://access-management-security.maxsiteth.com/2010/10/15/confidentiality-agreements-what-every-business-lawyer-should-know-from-orange-county-lawyer-magazine-october-2010-vol-52-no-10-page-10/ "By a confidentiality agreement (also called non-disclosure agreements, confidential information or documents with the same names), is primarily on trade secret societies, property rights and the right to information created to recognize, protect other base have 'economic value'. Trade secrets are often grouped under patents, copyrights and brands under the umbrella, access control security systems magazine term intellectual property and is considered the exclusive domain of lawyers specializing in intellectual property ..." (Access Management Security, 15 October) Tue, 16 Nov 2010 10:30:07 GMT http://access-management-security.maxsiteth.com/2010/10/15/confidentiality-agreements-what-every-business-lawyer-should-know-from-orange-county-lawyer-magazine-october-2010-vol-52-no-10-page-10/ http://www.constructionlawsignal.com/by-state/pennsylvania-1/pennsylvania-court-decision-limits-unjust-enrichment-claims-for-subcontractors/ "It is not uncommon, especially in today’s economy, for a subcontractor to perform work on a project but not get paid. Under Pennsylvania law, there are several courses of action a subcontractor can take to recover payment. One option is for a subcontractor to seek payment directly from the general contractor under a breach of contract claim. When bringing such a claim, it is important to remember that, even if successful, a subcontractor may not be able to recover payment for many reasons, including bankruptcy or non-payment from the project owner ..." (Construction Law Signal, 14 October) Tue, 16 Nov 2010 10:29:07 GMT http://www.constructionlawsignal.com/by-state/pennsylvania-1/pennsylvania-court-decision-limits-unjust-enrichment-claims-for-subcontractors/ http://www.ethiopianlawonline.com/2010/10/unjust-enrichment-in-ethiopian-civil.html “The provisions of the Civil Code concerning unjust enrichment run from Articles 2162-2178. Issues of unjust enrichment refer to circumstances where a person could be liable for the benefits he or she received from another 'without just cause'. Article 2162 lays down the general principle on the matter. It reads: 'whosoever has derived a gain from the work or property of another without just cause shall indemnify the person at whose expense he has enriched himself to the extent to which he has benefited from his work or property'. The principal obligation emanating from unjust enrichment is that of indemnifying the person from whose work or property one has been enriched ...” (EthioLaw, 13 October) Tue, 16 Nov 2010 10:28:07 GMT http://www.ethiopianlawonline.com/2010/10/unjust-enrichment-in-ethiopian-civil.html http://www.cearta.ie/2010/10/shipping-and-subrogation/ “By means of the doctrine of subrogation, one person is substituted for another in the exercise of that other’s rights against a third person. In particular, it is the process by which one party is substituted for another so that the first party may enforce that other’s rights against a third party. In the classic triangular fact pattern, it arises where a creditor has rights against a debtor, the third party pays the creditor, and is then subrogated to the rights of the creditor against the debtor …” (Cearta, 13 October) Wed, 13 Oct 2010 08:51:07 GMT http://www.cearta.ie/2010/10/shipping-and-subrogation/ http://www.bailii.org/ie/cases/IESC/2010/S15.html “This appeal raises a succinct technical point in a liquidation. Does a body which pays off preferential creditors step into their shoes and benefit from the preferential status of those creditors? The claim is made by the Insolvency Agency of the United Kingdom in the Liquidation of the Bell group of companies. The Agency was obliged, following a decision of the European Court of Justice, to discharge the claims of more than 200 Bell employees in the United Kingdom. The Agency claims, with the support of the liquidator, the same right to preferential treatment in the liquidation as would have been enjoyed by the employees if they had not been paid. The High Court (Unreported, High Court, Dunne J., 28th April, 2006) rejected the claim. The liquidator appeals. The Port of Waterford represents the general body of unsecured creditors …” (In the Matter of Bell Lines (In Liquidation) -v- Waterford Multiport Ltd (In Liquidation) And In the Matter of the Companies Acts 1963-2003, Irish Supreme Court, 18 March 2010) (many thanks to Eoin O’Dell) Wed, 13 Oct 2010 08:50:07 GMT http://www.bailii.org/ie/cases/IESC/2010/S15.html http://www.hklii.org/hk/jud/eng/hkcfi/2009/HCA002134_2005-66513.html “…. The principle of recoupment based on restitution can be briefly stated thus. Where a party has been compelled by law to pay, or being compellable by law, has paid money which the other was ultimately liable to pay, so that the latter obtains the benefit of the payment by the discharge of his liability, he is indebted to the former in the amount. See Goff and Jones, The Law of Restitution, 7th edition, p. 423. On the materials before the court, the plaintiff has failed to show that the defendant is liable to make 40% contributions or that the plaintiff had been compelled or was compellable by law to make the payments in question for the defendant. The plaintiff does not have any cause of action based on restitution. For the above reasons, the plaintiff’s case discloses no reasonable cause of action at all. The pleadings are therefore liable to be struck out, and the claim, dismissed …” (Wu Yi Construction Co Ltd v. Big Island Asia Ltd, HK Court of First Instance, 29 June 2009) Tue, 12 Oct 2010 13:53:07 GMT http://www.hklii.org/hk/jud/eng/hkcfi/2009/HCA002134_2005-66513.html http://www.hklii.org/hk/jud/eng/hkcfi/2009/HCA005403_2001-66206.html “Tai sues Choi for a refund of $470,000. According to Tai, that amount is the outstanding balance of a sum of $580,000 which Tai paid pursuant to a Chinese Memorandum (CM) dated 22 April 1998. Tai says that, under the CM, he and Choi had agreed to form a limited company to sell frozen meat on a retail basis. No such company was ever formed. Accordingly, Tai contends that there has been a total failure of consideration entitling him to the return of his monies …” (Tai Yue For v. Choi Chun Ching, HK Court of First Instance, 5 June 2009) Tue, 12 Oct 2010 13:52:07 GMT http://www.hklii.org/hk/jud/eng/hkcfi/2009/HCA005403_2001-66206.html http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCA001476_2007-69817.html “This is an action for goods sold and delivered. The plaintiff claims that it has sold and delivered to the defendant a total of 23,888 complete sets of LCD TV components (‘TV components’) at an agreed unit price of US$182 per set. One complete set of TV components consists of a LCD panel, PCB with tuner, DVD combo SKD kit (semi-knocked-down kit), DVD loader and DVD decoder. The total price of the complete sets of TV components is US$4,347,616. Apart from the complete sets of TV components, the plaintiff claims that it has further sold and delivered to the defendant some excess TV components which the defendant has accepted. These excess TV components (‘Excess Components’) were worth US$230,166.10. The plaintiff has only received payment from the defendant in the total sum of US$2,617,524 in respect of the goods sold and delivered. Accordingly, the plaintiff claims against the defendant the sum of US$1,730,092 in respect of the complete sets of TV components that have been delivered to the defendant which has remained unpaid …” (Inspur (HK) Electronics Ltd v. KB (Asia) Ltd, HK Court of First Instance, 18 February 2010) Tue, 12 Oct 2010 13:51:07 GMT http://www.hklii.org/hk/jud/eng/hkcfi/2010/HCA001476_2007-69817.html http://www.hklii.org/hk/jud/eng/hkca/2009/CACV000177_2008-67012.html “Mr Kosmin, QC, appearing for Akai put Akai’s claim on two basis: (1) TFB is liable to Akai for knowing receipt, (2) the Akai Loan and Share Pledge Agreements were not binding on Akai because they were entered into without authority, actual or apparent. The leading authority on knowing receipt is BCCI v. Akindele [2001] Ch 437, a decision of the English Court of Appeal. I will refer to this decision in greater detail in due course …” (Akai Holdings Ltd v. Thanakharn Kasikorn Thai Chamkat (Mahachon), HK Court of Appeal, 10 August 2009) Tue, 12 Oct 2010 13:50:07 GMT http://www.hklii.org/hk/jud/eng/hkca/2009/CACV000177_2008-67012.html http://www.bailii.org/ew/cases/EWHC/Ch/2010/2453.html “In March 2008, following the trial on liability only ([2010] EW Misc 13 (EWCC) ), I handed down a judgment in which I held that the Defendant, Brookwide Ltd., was liable to the Claimant in damages for the continuing (and continuous) infringement of his rights to enjoy the use of his property since 23rd May 2001, which was the date on which the Claimant acquired the beneficial interest in the property from the trustee in bankruptcy of his father, Mr Mohammed Ramzan. It now falls to me to assess those damages, which for the reasons set out in my earlier judgment include exemplary damages falling within the second of the three categories set out in Lord Devlin's speech in Rookes v Barnard [1964] AC 1129. Brookwide did not appeal against my decision that in principle this was a case in which to award exemplary damages …” (Ramzan v Brookwide Ltd [2010] EWHC 2453 (Ch) (08 October 2010)) Tue, 12 Oct 2010 13:49:07 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/2453.html http://www.bailii.org/ew/cases/EWHC/Ch/2010/2374.html “This is a case about the remedy of subrogation as it affects the priority of charges. It has been argued before me on behalf of the claimant and appellant, Anfield (UK) Limited (‘Anfield’), and Bank of Scotland Plc (‘the Bank’), the first defendant. The case arises out of loans to the second defendant, Mr Siddiqui, a bankrupt, who is the registered proprietor of property (‘the property’) at Stepney Green in London. Neither Mr Siddiqui nor his trustee in bankruptcy appeared at trial or on the appeal. There is another party to the action, London Scottish Finance Limited (‘LSFL’), joined after trial pursuant to an order of the trial judge on 3rd March 2010. However LSFL (which is in administration) was not represented at and did not participate in the appeal …” (Anfield (UK) Ltd v Bank of Scotland Plc [2010] EWHC 2374 (Ch) (24 September 2010)) Tue, 12 Oct 2010 13:48:07 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/2374.html http://www.bailii.org/ew/cases/EWHC/Ch/2010/2320.html “This is an action in which the Claimant, Mr Mohamed Bashir, seeks specific performance of a contract entered into at auction on 7 October 2008 relating to a property at 66 Leytonstone Road, London El5, registered with title absolute under title number EX93229. The issues in this case arise because the parties both entered into this agreement believing that the building erected on the plot the subject of title number EX93229 comprised a ground floor shop with a flat above comprising 3 rooms, a kitchen and a bathroom (I will refer to this flat as the First Floor Flat, although it in fact extends also into the roof). In fact, the building comprised a ground floor shop, the First Floor Flat, and a ground floor studio flat (I will refer to this additional flat as the ‘Ground Floor Flat’). Both the Claimant and the Defendants were ignorant of the existence of the Ground Floor Flat on the date of the contract. Both believed that what was present at 66 Leytonstone Road, London El5 was a building comprising the ground floor shop with the First Floor Flat above it. Both were mistaken. The issue for me is the effect in law of that mistake ...” (Bashir v Ali [2010] EWHC 2320 (Ch) (30 September 2010)) Tue, 12 Oct 2010 13:47:07 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/2320.html http://www.bailii.org/ew/cases/EWHC/TCC/2010/2338.html “In July 2006 the claimants, Mr and Mrs Atwal, contracted with Mr Rochester, the defendant. Mr Rochester agreed to undertake extensive building work to White Lodge, Mr and Mrs Atwal's house in Wombourne. Work began in August 2006. Mr Rochester had intended this to be his last job before his retirement. However, on 5th April 2007 Mr Rochester suffered a heart attack and was taken to hospital. He subsequently underwent surgery in October 2007 for a heart bypass. He was advised not to return to work. Mr Rochester did not return to work at Mr and Mrs Atwal's house. He did not arrange for anyone else to do so. So the work came to an end in April 2007. At that stage the work was incomplete. Mr and Mrs Atwal's case is that Mr Rochester was in repudiatory breach of contract. Mr Rochester's case is that the contract was discharged by frustration. Mr and Mrs Atwal claim damages by reason of the alleged repudiatory breach and Mr Rochester claims payment of a just sum pursuant to section 1(3) of the Law Reform (Frustrated Contracts) Act of 1943 …” (Atwal v. Rochester [2010] EWHC 2338 (TCC) (9 July 2010)) Tue, 12 Oct 2010 13:46:07 GMT http://www.bailii.org/ew/cases/EWHC/TCC/2010/2338.html http://www.courthousenews.com/2010/10/11/30981.htm "MANHATTAN (CN) - The child actress who is the voice of 'Dora the Explorer' claims MTV Networks made her sign a 'bizarre, impenetrable, unconscionable' contract, 'swindling' her of hundreds of millions of dollars in residuals, merchandising fees, promotions and recording ..." (Courthouse News Service, 11 October) Tue, 12 Oct 2010 13:45:07 GMT http://www.courthousenews.com/2010/10/11/30981.htm http://zeropointfield.wordpress.com/2010/10/09/restitution-of-illicit-assets-act-passed-by-swiss-parliament/ "... On October 1, 2010, the both houses of the Swiss Parliament passed a new law that will somewhat facilitate the restitution of “potentate funds”, or assets of politically exposed persons (PEPs) who are most likely illicit. The law closes a gap in Swiss law that lead to difficulties when the government in question fails to cooperate in the restitution of the funds ..." (Zeropoint Field, 9 October) Tue, 12 Oct 2010 13:44:07 GMT http://zeropointfield.wordpress.com/2010/10/09/restitution-of-illicit-assets-act-passed-by-swiss-parliament/ http://www.hexbug.com/news/2010/10/05/mga-sued-for-copying-innovation-first%E2%80%99s-hexbug%C2%AE-nano%E2%84%A2-toy/ “Greenville, Texas – October 5, 2010 – A lawsuit asserting claims for common law misappropriation and unjust enrichment was filed last week against MGA Entertainment, Inc. in the 354th Judicial District Court for Hunt County, Texas. The lawsuit accuses MGA of manufacturing, advertising, promoting, distributing and/or selling products that were derived from innovative components of the HEXBUG® Nano™ micro robotic toy …” (HexBug, 5 October) Tue, 12 Oct 2010 13:43:07 GMT http://www.hexbug.com/news/2010/10/05/mga-sued-for-copying-innovation-first%E2%80%99s-hexbug%C2%AE-nano%E2%84%A2-toy/ http://www.cearta.ie/2010/10/tory-island-and-unjust-enrichment-%E2%80%93-the-judgment/ "I’ve previously blogged about the case brought by film-maker Neville Presho, whose holiday home on Tory Island had disappeared in his absence, replaced by a car park for an adjacent hotel. It was a colourful case, in which interesting unjust enrichment issues arose ..." (Cearta, 5 October) Tue, 12 Oct 2010 13:42:07 GMT http://www.cearta.ie/2010/10/tory-island-and-unjust-enrichment-%E2%80%93-the-judgment/ http://www.out-law.com//default.aspx?page=11418 “UK VAT rules will have to change after the Court of Justice of the European Union (ECJ) ruled this week that record companies should not owe the tax on free albums sent to journalists, DJs and promoters. Since 1987 UK label EMI has been distributing free samples of music to thousands of reviewers, DJs and industry professionals and has been paying VAT on the tapes, CDs and records. In 2003, though, the company asked Her Majesty's Customs and Revenue (HMRC) to refund it that VAT because, it said, demands for the tax were incompatible with the 1977 EU directive on VAT …” (OUT-LAW, 4 October) Tue, 12 Oct 2010 13:41:07 GMT http://www.out-law.com//default.aspx?page=11418 http://blogs.evtrib.com/nerdvana/2010/10/02/stargate-video-game-fraud-case-heads-to-court/ "The battle for control of the starship Destiny continues in the second season of Stargate Universe, which began Tuesday night on Syfy. Meanwhile, here on Earth, a different sort of conflict is about to rage in a courtroom over the destiny of another part of the vast Stargate universe. Depositions have been under way in a multimillion-dollar fraud complaint brought by investors in a bankrupt Mesa video game studio against the companies that formed in the wake of its collapse to maintain the online combat game Stargate Resistance ..." (East Valley Tribune, 2 October) Tue, 12 Oct 2010 13:40:07 GMT http://blogs.evtrib.com/nerdvana/2010/10/02/stargate-video-game-fraud-case-heads-to-court/ http://www.intheiropinion.com/2010/09/articles/contractcommercial-law/mistake-of-fact-exception-to-the-voluntary-payment-doctrine-is-not-available-to-plaintiff-who-failed-to-investigate/ "Quinten Spivey ordered a diet product over the telephone from Adaptive Marketing in early 2003. Adaptive Marketing claims that its representative continued the conversation and told Spivey that she would send him a 'risk free' 30-day membership in HomeWorks (apparently some kind of retail discount program), that he could cancel the membership within 30 days, that he would be billed $96 per year if he did not cancel, and that the membership would renew automatically each year. Spivey, on the other hand, claims that he does not recall the conversation and that he never received membership materials ..." (In Their Opinion, 30 September) Tue, 12 Oct 2010 13:39:07 GMT http://www.intheiropinion.com/2010/09/articles/contractcommercial-law/mistake-of-fact-exception-to-the-voluntary-payment-doctrine-is-not-available-to-plaintiff-who-failed-to-investigate/ http://www.hotnesstrend.com/finance-firm-slaps-mjs-estate-with-1-2m-suit/ "New York, Oct 02 (ANI): Late Michael Jackson’s estate has been slapped with a 1.2 million dollars suit by the Bahrainian finance. The finance firm says Jackson moonwalked away from 1.2 million dollars in finance fees he racked up after beating child-molestation charges in 2005 ..." (Breaking News, 2 October) Tue, 12 Oct 2010 13:38:07 GMT http://www.hotnesstrend.com/finance-firm-slaps-mjs-estate-with-1-2m-suit/ http://9thlevelireland.wordpress.com/2010/10/01/are-the-alleged-over-payments-to-university-staff-recoverable/ "The lawyers have remained very much in the background in the current dispute. It’s clear however that the major arguments used on all sides were formulated in the light of legal input, and from time to time there has been explicit reference to what the lawyers have actually been saying. The truth is that neither side is on very firm ground, and if ever the matter were to be litigated, it would almost certainly be necessary to look at each alleged over-payment separately ..." (9th Level Ireland, 1 October) Tue, 12 Oct 2010 13:37:07 GMT http://9thlevelireland.wordpress.com/2010/10/01/are-the-alleged-over-payments-to-university-staff-recoverable/ http://wombletradesecrets.blogspot.com/2010/09/no-unjust-enrichment-wont-let-you-off.html “What happens when you can’t – or don’t – prove actual damages or unjust enrichment in your trade secrets case? E*Trade (annoying baby mascot pictured) just found out the answer in a recent case from the California Court of Appeal, Ajaxo Inc. v. E*Trade Financial Corp., H033631 (Aug. 30, 2010 6th Dist.) …” (Trade Secrets Blog, 19 September) Tue, 12 Oct 2010 13:36:07 GMT http://wombletradesecrets.blogspot.com/2010/09/no-unjust-enrichment-wont-let-you-off.html http://www.taxolegal.com/blog/?p=602 "No one can be taxed without any constitutional authority. If any tax or duty is collected by the department because of misinterpretation of the provisions of law, the same can be refunded if the taxpayer applies for a refund. Refund claims can be filed with the department under many other circumstances too, such as, when the service provider finally wins a legal battle wherein he had initially deposited some service tax under departments pressure or where the provisions of the act under which the said tax was levied has been ultimately held to be unconstitutional ..." (Tax O Legal, 29 September) Tue, 12 Oct 2010 13:35:07 GMT http://www.taxolegal.com/blog/?p=602 http://www.sfexaminer.com/world/plaintiffs-up-damage-claim-against-chevron-to-at-least-40-billion-in-ecuador-103145574.html “QUITO, ECUADOR — The plaintiffs suing Chevron Corp. over oil contamination in a large swath of Ecuador's jungle have raised their estimate of damages to a range of $40 billion to $90 billion. The plaintiffs' previous damages claim of $27 billion had been endorsed by the court-appointed expert in the bitter, long-running case. A Chevron spokesman rejected the new estimate Friday as a wildly distorted attempt to discredit the oil company …” (sfexaminer.com, 17 September) Wed, 29 Sep 2010 15:17:07 GMT http://www.sfexaminer.com/world/plaintiffs-up-damage-claim-against-chevron-to-at-least-40-billion-in-ecuador-103145574.html http://skepticlawyer.com.au/2010/09/17/failure-of-consideration-and-food-poisoning/ ‘Via the Restitution Discussion Group, a fascinating case… this time a celebrity diner who became violently ill after eating a meal at a celebrity restaurant. From The Independent: “Boxing TV host Jim Rosenthal lost a legal bout with chef Heston Blumenthal today as a judge ruled he should not be refunded for a £1,300 meal which left him ‘disastrously’ sick. The veteran ITV presenter, also known for fronting the channel’s coverage of football and motor racing, was one of more than 500 guests who fell ill during the norovirus outbreak at the award-winning Fat Duck last year …”’ (SkepticLawyer, 17 September) Wed, 29 Sep 2010 15:12:07 GMT http://skepticlawyer.com.au/2010/09/17/failure-of-consideration-and-food-poisoning/ http://9thlevelireland.wordpress.com/2010/09/18/irish-universities-comptroller-and-auditor-generals-report/ "... On a personal note, I would add that while I have long had an interest in both university law and the law of restitution of unlawful payments, I had until yesterday assumed that there was no significant overlap between the two areas of law. You live and learn …" (Ninth Level Ireland, 18 September) Wed, 29 Sep 2010 15:07:07 GMT http://9thlevelireland.wordpress.com/2010/09/18/irish-universities-comptroller-and-auditor-generals-report/ http://www.thejc.com/news/uk-news/38530/new-chapter-restitution-opened-catholic-manuscript-sent-home ‘A looted 12th-century manuscript is to be returned to Italy, the first under a new law designed to restitute art work in British museums and galleries stolen during the Holocaust. The intricately decorated missal, a manuscript for Catholic mass, is to return to the cathedral in Benevento …’ (Jewish Chronicle Online, 21 September) Wed, 29 Sep 2010 15:02:07 GMT http://www.thejc.com/news/uk-news/38530/new-chapter-restitution-opened-catholic-manuscript-sent-home http://www.courthousenews.com/2010/09/24/30555.htm ‘ALEXANDRIA, Va. (CN) - A federal judge dismissed the bulk of a lawsuit accusing an online event-planning service of "scraping" a rival's database, but said the competitor could sue for Lanham Act violations and unjust enrichment. Cvent Inc. sued Eventbrite Inc. last May, claiming the company and unknown parties swiped its online database of meeting venues in various cities …’ (Courthouse News Service, 24 September) Wed, 29 Sep 2010 14:52:07 GMT http://www.courthousenews.com/2010/09/24/30555.htm http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1659995 ‘Abstract: Permitting clients to pursue breach of fiduciary duty claims against their former attorneys is a critical development in the law of lawyering for several reasons. Although an important development in the law, courts have nonetheless, at times, done an inadequate job of creating and applying fiduciary law to the attorney-client relationship. To make matters worse, courts have, at times, failed even to distinguish breach of fiduciary duty claims from traditional professional negligence claims. The failure of the courts to discuss and emphasize the distinctions between the two have led to a sloppy body of law that fails to consider, in any meaningful manner, the impact of these novel theories of recovery on the ever-expanding law of lawyering. Because the ramifications of each of these actions are unique, clearly distinguishing between the two is critical …’ (Meredith J Duncan, ssrn, 1999) Wed, 29 Sep 2010 14:42:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1659995 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1676013 ‘Abstract: Recent case law and scholarship has reignited the debate about whether fiduciary obligations are purely proscriptive in character. In particular, Rebecca Lee has suggested that fiduciary obligations have a prescriptive and 'directional' dimension. This article argues that the purely proscriptive understanding of fiduciary obligations represents the better understanding of English and Australian law. The argument rests upon three pillars. First, the proscriptive paradigm confines fiduciary obligations to their proper place within the broader complex of legal duties owed by those who undertake to act in the interests of others. Secondly, while it is often stated that fiduciaries have obligations to make full disclosure of relevant facts to their principals, an examination of the structure of fiduciary liability reveals that the disclosure rule functions as a subsidiary rule which removes the relevant activities from the scope of the proscription. Finally, the proscriptive character of fiduciary obligations is reflected in the remedies which are awarded for breach of fiduciary duty. Contrary to the position taken by some advocates of the proscription thesis (such as Matthew Conaglen), the author argues that the remedial rationale in breach of fiduciary duty cases is rescission (or elimination of the effect of the transaction) as between principal and fiduciary rather than deterrence of the fiduciary.’ (Darryn Jensen, ssrn, 2010) Wed, 29 Sep 2010 14:39:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1676013 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1661147 ‘Abstract: Securities regulation has traditionally focused on encouraging truthful disclosure that facilitates the accurate pricing of securities. A securities fraud claim under the primary anti-fraud rule, Rule 10b-5, must thus point to a misrepresentation or omission that is material to investors. At the same time, it is undeniable that Rule 10b-5 has been extended to conduct that does not fit this traditional conception of fraud, most notably insider trading. This Article shows that such deviations have become more common as Rule 10b-5 has increasingly become concerned with the problem of unjust enrichment. In numerous areas, the courts have applied Rule 10b-5 to deceptive conduct that is not directed at the market or investors but unjustly enriches some individual. Surprisingly, the unjust enrichment principle has functioned not only as an expander of liability but a limit. More and more, securities fraud class actions directed at market distorting misrepresentations may only proceed if insiders have been enriched by the misrepresentation. The rise of the unjust enrichment principle demonstrates that securities regulation is not solely concerned with the economic value of market efficiency but is significantly influenced by public values. Securities regulation is guided by an evolving principle that sets some limits on the ability to extract wrongful gains from the securities markets. Though unjust enrichment is undeniably a concern of Rule 10b-5, it should be a second-order concern subservient to the first-order concern of efficient markets.’ (James J Park, ssrn, 2010) Wed, 29 Sep 2010 14:38:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1661147 http://billtammeus.typepad.com/my_weblog/2010/09/9-15-10.html "One of the many reasons I'm proud to be an American citizen is that our government over the years often has stood up for what's right and moral. Oh, I know its record is imperfect and that it began its life not just tolerating but defending slavery, sanctioning the oppression of Native Americans and preventing women from voting. But quite often it has been a voice for the voiceless, for the marginalized. One good example is the way our government took the lead in negotiating restitution agreements with Switzerland, Germany, Austria and France on behalf of Holocaust victims and survivors ..." (Bill's 'Faith Matters' Weblog, 15 September 2010) Fri, 17 Sep 2010 17:45:07 GMT http://billtammeus.typepad.com/my_weblog/2010/09/9-15-10.html http://jimersonwilson.com/blawg/2010/09/15/pleading-unjust-enrichment-in-construction-litigation/ "The theory of recovery known unjust enrichment is often used by attorneys in construction litigation actions as an alternative count to claims for breach of contract or for foreclosure of a construction lien. It is not uncommon, however, for unjust enrichment claims to be improperly pled in the complaint, which will often lead to a misguided legal analysis. This, of course, can negatively affect your client’s case at the earliest stage of the dispute ..." (Jimeron and Wilson PA, 15 September 2010) Fri, 17 Sep 2010 17:41:07 GMT http://jimersonwilson.com/blawg/2010/09/15/pleading-unjust-enrichment-in-construction-litigation/ http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1670324 “Abstract: Contract law is generally understood to require no more of a person who breaches a contract than to give the injured promisee the ‘benefit of the bargain’. The law is thus assumed to permit a promise-breaker to keep any profit remaining from breach (after putting the victim in the position he would have been in had the contract been performed). This conventional description is radically wrong: across a wide range of circumstances, standard contract doctrines actually do require people to keep their promises, or to disgorge their entire profit from breach if they don’t. Rather than protecting the expectation interest of injured promisees, therefore, the law of contract remedies is better characterized as enforcing ‘promisor expectation’ or disgorgement, a regime that puts breaching promisors in the position they would have been in had they performed, even when that means overcompensating injured victims …” (Steven Thel and Peter Siegelman, ssrn, 2010) Fri, 17 Sep 2010 17:36:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1670324 http://www.bailii.org/ew/cases/EWCA/Civ/2010/139.html "... There are, in my judgment, numerous difficulties with each of these Sumpter v Hedges grounds of appeal. These include, but are certainly not limited to, firstly, the fact that the claim was barely pleaded and not pleaded at all with reference to any implied contract to pay; and secondly, the submission that Sumpter v Hedges has been overtaken by subsequent House of Lords decisions so that it is no longer good law, was not advanced before the judge. The submission now made in this court, that Sumpter v Hedges is no longer binding, could have been advanced before the judge, and equally, if Sumpter v Hedges was binding on the judge, it binds this court. A material consequence of these two points is that the judge did not make necessary findings of fact to support the conclusion contended for. I am quite unpersuaded that this court should disregard Sumpter v Hedges. True it is that it has been subjected to academic criticism and was the subject of recommendations from the Law Commission. But the Law Commission recommendations have not been taken into legislation and, as importantly, the House of Lords decision in the Westdeutsche Landesbank case, on which Mr Williamson relies, cannot possibly be taken as overruling Sumpter v Hedges ..." (Cleveland Bridge UK Ltd and Anor v Multiplex Constructions (UK) Ltd [2010] EWCA Civ 139 (19 February 2010)) Fri, 17 Sep 2010 17:31:07 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/139.html http://www.bailii.org/scot/cases/ScotCS/2010/2010CSOH29.html ".... The pursuers' case is that there was no basis for those payments to have been made, STAK having been under no obligation to make those payments and there having been no entitlement on the part of Mrs McKenna to receive them. The claim is put first, therefore, on the basis of unjust enrichment. The pursuers also avers that the payments were made to Mrs McKenna within 5 years of the date on which STAK entered administration and at a time when STAK's liabilities exceeded its assets. In those circumstances, having given no adequate consideration to STAK in respect of any of the payments made to her, Mrs McKenna is liable to repay those sums in terms of s.242 of the Insolvency Act 1986. Mrs McKenna does not dispute that she received those payments. She does seek, however, to justify their receipt ..." (Stak Realty Group Co Ltd v. McKenna [2010] ScotCS CSOH_29 (11 March 2010)) Fri, 17 Sep 2010 17:27:07 GMT http://www.bailii.org/scot/cases/ScotCS/2010/2010CSOH29.html http://www.austlii.edu.au/au/cases/wa/WASCA/2009/31.html "Insurance - Indemnity insurance - Double indemnity - Whether payment in discharge of indemnified party's liability by one indemnifying party discharged liability of other indemnifying party - Whether one liability primary and one secondary" (SPENO RAIL MAINTENANCE AUSTRALIA PTY LTD -v- METALS & MINERALS INSURANCE PTE LTD [2009] WASCA 31 (6 February 2009)) Fri, 17 Sep 2010 17:06:07 GMT http://www.austlii.edu.au/au/cases/wa/WASCA/2009/31.html http://www.ucc.ie/law/restitution/archive/newzcases/miller.pdf ”In the District Court and on appeal Mr Connor argued that, as the $100,000 payment had been received by SunTec, a claim for money had and received could not lie against Mr Miller personally. The Judge rejected that proposition on the basis that the payment had, in law, been made to Mr Miller …” (Miller v. Parkin, High Court, 5 November 2008) (many thanks to Charles Rickett) Fri, 17 Sep 2010 17:09:07 GMT http://www.ucc.ie/law/restitution/archive/newzcases/miller.pdf http://www.courthousenews.com/2010/09/10/30236.htm "WAUKEGAN, Ill. (CN) - A couple who were married in a 'ceremony focused on Arthurian legend', with 'medieval costumes' and a 'specially trained falcon as the ring bearer' claims their wedding photographer not only screwed up his assignment, he defamed them in a 'legal handbook' he wrote on how to photograph weddings ..." (Courthouse News Service, 10 September 2010) Mon, 13 Sep 2010 10:55:07 GMT http://www.courthousenews.com/2010/09/10/30236.htm http://www.intheiropinion.com/2010/09/articles/labor-employment/appointed-police-commissioner-has-a-duty-of-loyalty-to-the-town/ "For several years after Clarence Gross retired as a Cicero police officer, he served in a number of appointed positions in the Town's government. The Town President appointed him Chairman of the Board of Fire and Police Commissioners. As Chairman, Gross oversaw the hiring of the Town's police officers. Gross admits that he hired several officers that he deemed unqualified because he was directed to do so by the Town President. Rhonda Gross, Clarence's daughter, also served as a Cicero police officer during this time. She complained to Gross that she and other female police officers were the victims of sexual harassment ..." (In Their Opinion, 9 September 2010) Mon, 13 Sep 2010 10:54:07 GMT http://www.intheiropinion.com/2010/09/articles/labor-employment/appointed-police-commissioner-has-a-duty-of-loyalty-to-the-town/ http://caltradesecrets.com/2010/09/09/northern-district-notes-that-trade-secret-law-allows-recovery-of-saved-development-costs/ "In a non-trade secrets intellectual property case, The Northern District of California noted, in dictum, that 'trade secret law allows recovery of saved development costs'. Oracle Corp. v. SAP AG, No. C 07-1658 PJH, — F.Supp.2d —-, 2010 WL 3258603, *14 (N.D. Cal. Aug. 17, 2010) ..." (California Trade Secrets, 9 September 2010) Mon, 13 Sep 2010 10:53:07 GMT http://caltradesecrets.com/2010/09/09/northern-district-notes-that-trade-secret-law-allows-recovery-of-saved-development-costs/ http://conflictoflaws.net/2010/licari-on-punitive-damages/ "François-Xavier Licari, Professor at the University of Metz (Paul-Verlaine) has posted Taking Punitive Damages Seriously: Why a French Court Did Not Recognize An American Decision Awarding Punitive Damages and Why it Should Have on SSRN. Here is the English abstract (the article is written in French): ..." (Conflict of Laws .net, 7 September 2010) Mon, 13 Sep 2010 10:52:07 GMT http://conflictoflaws.net/2010/licari-on-punitive-damages/ http://www.canlii.org/en/bc/bcca/doc/2010/2010bcca356/2010bcca356.html "This appeal concerns an action in unjust enrichment brought by the respondent against her elderly parents. It considers the termination of a juristic reason for enrichment by the conduct of parties and the approach to the assessment of damages for unjust enrichment. The respondent is the eldest of the appellants’ three living children. As a young person in the 1960s, she performed the majority of the work involved in caring for her family home and younger siblings. She also worked for a time in her parents’ business, without compensation. In 1967 and subsequently, the appellants promised the respondent that they would leave their entire estate to her in exchange for the services she was providing to the family ..." (Antrobus v. Antrobus, 2010 BCCA 356 (CanLII)) Mon, 13 Sep 2010 10:51:07 GMT http://www.canlii.org/en/bc/bcca/doc/2010/2010bcca356/2010bcca356.html http://www.ngariss.com/blog/?p=128 "An entitlement to restitution that would normally be delayed to a later point may accrue immediately where the party liable takes steps to evade the entitlement. This is illustrated in Antrobus v. Antrobus, 2010 BCCA 356, where, before a confrontation with the appellant-parents, the respondent-daughter acted in her youth to carry out the majority of household chores, cared for her two younger siblings, and worked, without pay, for their business. As compensation, the appellants promised to leave her their entire estate. After the confrontation, the appellants transferred their present and future real estate interests to themselves and to their two other children as joint tenants under a trust arrangement ..." (Ng Ariss Fong, 6 September 2010) Mon, 13 Sep 2010 10:50:07 GMT http://www.ngariss.com/blog/?p=128 http://skepticlawyer.com.au/2010/09/06/threads-of-doom/ "Sometimes, at social occasions, someone asks me what my PhD topic is. I pause. Then I say quickly, 'Accounts-of-profit-for-breach-of-contract'. 'Oh', says my interlocutor. And the conversation dies right there and then ..." (SkepticLawyer, 6 September 2010) Mon, 13 Sep 2010 10:49:07 GMT http://skepticlawyer.com.au/2010/09/06/threads-of-doom/ http://www.saflii.org/za/cases/ZAGPHC/2008/41.html "The Applicant instituted proceedings against the First Respondent for, ultimately, the following relief : (1) directing the First Respondent to draw and tax Bills of Costs in respect of all matters handled by him for and on behalf of the Applicant; (2) directing the First Respondent to repay to the Applicant the sum of R350 000.00 alternatively, R287 490.00, together with interest thereon at the rate of 15.5% per annum a tempore morae to date of payment; (3) directing the First Respondent to pay the Costs of this Application, with no costs being sought against the Second Respondent, save in the event of opposition ..." (Tecmed (Pty) Limited v Hunter and Another (26122/05) [2008] ZAGPHC 41; 2008 (6) SA 210 (W); (18 February 2008)) Mon, 13 Sep 2010 10:48:07 GMT http://www.saflii.org/za/cases/ZAGPHC/2008/41.html http://www.saflii.org/za/cases/ZAFSHC/2008/120.html "... To decide if any enrichment took place, or at least if such an enrichment was not justifiable, one must consider all the facts with regard to this particular incident. Now what are the facts applicable to this specific incident? A short synopsis of what has been mentioned in this regard thus far in this judgment is as follows: 'On the strength of the budget which the school presented to the Department and which included the costs of insurance, the Department provided an amount to the school to cover those expenses. That amount then became part of the pool of the school’s funds. Whether the insurance premium was paid out of the amount provided by the Department or the funds raised by the school itself, becomes indeterminable and in any event irrelevant. The clear understanding between the Department and the school is obvious: The school will repair out of the proceeds of the insurance policy damages such as occurred in the present case ...'" (St Helena Primary School and Another v MEC: Department of Education Free State Province and Another (A3/07) [2008] ZAFSHC 120 (16 October 2008)) Mon, 13 Sep 2010 10:47:07 GMT http://www.saflii.org/za/cases/ZAFSHC/2008/120.html http://www.saflii.org/za/cases/ZASCA/2008/144.html "Act 66 of 1965 – sale of estate property by curator bonis prior to issue of letters of curatorship under s 72 of the Act – subsequent transfer of property pursuant to sale – abstract theory of transfer – validity of real agreement notwithstanding invalidity of sale – non-availability of enrichment claim." (Legator McKenna INC and Another v Shea and Others (143/08) [2008] ZASCA 144; 2010 (1) SA 35 (SCA) (27 November 2008)) Mon, 13 Sep 2010 10:46:07 GMT http://www.saflii.org/za/cases/ZASCA/2008/144.html http://www.saflii.org/za/cases/ZAGPHC/2008/81.html "... The third complaint was that the Defendant had alleged an ongoing breach of the agreement by the Plaintiff, but did not claim damages arising therefrom. On the contrary, the Defendant relied on enrichment, as a separate cause of action, to claim the repayment of the payments made by it to the Plaintiff during the alleged ongoing breach. The complaint was that even if the enrichment had been caused by breach of the agreement, as alleged by the Defendant, it could not be regarded as sine causa whilst the agreement still continued. Moreover, any such enrichment could not be unjustified because the agreement provided the causa or legal ground for the enrichment, notwithstanding the subsequent termination thereof. Hence, it was contended that the counterclaim disclosed no cause of action ..." (Inzalo Communications and Event Management (Pty) Limited v Economic Value Accelerators (Pty) Limited (2006/20062) [2008] ZAGPHC 81; 2008 (6) SA 87 (W); [2008] 4 All SA 103 (W) (5 March 2008)) Mon, 13 Sep 2010 10:45:07 GMT http://www.saflii.org/za/cases/ZAGPHC/2008/81.html http://www.saflii.org/za/cases/ZASCA/2008/89.html "Claim against first appellant based on unjustified enrichment – condictio ob turpem vel iniustam causam – whether payments reclaimed were illegally made because they were in fraudem legis – relaxation of par delictum rule – whether counter-performance by defendant a defence where payments reclaimed were illegally made – claim against second appellant for damages suffered through same illegal payments based on breach of fiduciary duty as trustee." (Afrisure CC and Another v Watson NO and Another (522/2007) [2008] ZASCA 89; [2009] 1 All SA 1 (SCA); 2009 (2) SA 127 (SCA) (11 September 2008)) Mon, 13 Sep 2010 10:44:07 GMT http://www.saflii.org/za/cases/ZASCA/2008/89.html http://www.saflii.org/za/cases/ZASCA/2008/127.html "Claim based on written agreement – whether prior oral agreement enforceable – application of the parol evidence rule - counterclaim based on unjustified enrichment – condictio indebiti – whether the requirement that error not be excusable satisfied – error found not to be excusable." (Affirmative Portfolios CC v Transnet Ltd. t/a Metrorail (473/2007) [2008] ZASCA 127; 2009 (1) SA196 (SCA) (30 September 2008)) Mon, 13 Sep 2010 10:43:07 GMT http://www.saflii.org/za/cases/ZASCA/2008/127.html http://www.bailii.org/scot/cases/ScotCS/2008/CSOH_53.html "On 16 December 2003 in a petition by the Council of the Law Society of Scotland acting under section 41 of the Solicitors (Scotland) Act 1980 ('the 1980 Act') the court appointed the defender as interim judicial factor on the estates of the firm of Macadams SSC and of Mrs Macadam and her husband, the pursuer, who were the partners of the firm. On 13 January 2004 the court sequestrated their estates and appointed the defender as judicial factor on those estates. The court authorised her to make payments out of sums held in the name of the firm and the partners and, subject to section 42 of the 1980 Act, to divide the sum at credit of the client accounts among the firm's clients ..." (MacAdam v. Grandison [2008] ScotCS CSOH_53 (27 March 2008)) Mon, 13 Sep 2010 10:42:07 GMT http://www.bailii.org/scot/cases/ScotCS/2008/CSOH_53.html http://www.nzlii.org/nz/cases/NZSC/2009/35.html "Tiny Intelligence Ltd, the appellant, obtained judgment for liability against Resport Limited, the respondent, for infringement of copyright in artistic works, being designs for a toy sword and a toy trumpet. Reproductions of these works were sold to supporters of the Crusaders rugby team. In the High Court, John Hansen J granted a permanent injunction and ordered delivery up of the infringing copies and means for their production.[1] In a separate hearing on monetary relief the appellant elected an account of profits but sought also an award of 'additional damages' under s 121(2) of the Copyright Act 1994 (the 1994 Act). On this second aspect John Hansen J, in a judgment delivered on 15 November 2006, determined that additional damages could not be awarded when an account of profits is elected. He fixed the amount to be paid for profits at $50,000. That decision was upheld in the Court of Appeal in a judgment delivered on 5 August 2008. Leave was granted to the appellant to appeal to this Court on the issue ..." (Tiny Intelligence Ltd v Resport Ltd [2009] NZSC 35 (8 April 2009)) Mon, 13 Sep 2010 10:41:07 GMT http://www.nzlii.org/nz/cases/NZSC/2009/35.html http://www.nzlii.org/nz/cases/NZHC/2008/715.html "[1] In late 1997 and early 1998 Mr Richard Claridge (Richard), approached his step-mother (Mrs Alwine Claridge) to obtain money to assist him to acquire a property at Onemana, near Whangamata. As a result of some discussions with her, Richard drew a document called a ‘Deed of Gift and Agreement’ (the Deed). The document was drafted without the benefit of legal advice and was signed on 14 January 1998 at a rest home at which Mrs Claridge then resided. The Deed was executed by both Richard and Mrs Claridge ..." (SEXTON V TITIRO TRUSTEE COMPANY LTD AND ANOR HC AK CIV 2006-404-5666 [2008] NZHC 715 (16 May 2008)) Mon, 13 Sep 2010 10:40:07 GMT http://www.nzlii.org/nz/cases/NZHC/2008/715.html http://www.nzlii.org/nz/cases/NZCA/2008/500.html "This is an appeal against a judgment of MacKenzie J setting aside as a gift voidable by the Official Assignee a transfer of $173,586 by Mr Graeme Fisher, who has since been declared bankrupt, to the trustees of a family trust, the G and A Fisher Family Trust (the Trust): HC BLE CIV-2003-406-214 8 October 2007. The disposition represented the net proceeds of sale of 140,000 shares held in Mr Fisher’s name in Blenheim Finance Ltd. The appellant is Mr Don Robertson, one of the original trustees. The questions arising are, first, whether Mr Fisher made a valid declaration of trust in favour of the Trust for 10,000 of the shares and, second, whether the Trust acquired beneficial ownership of a further 40,000 shares issued shortly afterwards. The answers will determine beneficial ownership of the remaining 90,000 shares which were the subject of two later bonus issues ..." (Robertson (as Trustee of the G and A Fisher Family Trust) v The Official Assignee in Bankruptcy of the Property of Fisher (A Bankrupt) [2008] NZCA 500 (28 November 2008)) Mon, 13 Sep 2010 10:39:07 GMT http://www.nzlii.org/nz/cases/NZCA/2008/500.html http://www.nzlii.org/nz/cases/NZHC/2008/2126.html "... The primary argument for the residuary beneficiaries is a simple one. It is supported by Mr Harrison for Mr Chellew (albeit that it reflects on Mr Chellew’s actions), but opposed by Mr Nabney, counsel for Ms Excell. Shortly put, the argument is that the sale by the trustees to Ms Excell is caught by the self-dealing rule, which is long established and of wide scope. The rule itself has been defined and explained on innumerable occasions during the course of the last 200 years or so. Early illustrations are Ex Parte Lacey (1802) 6 Ves 625; 31 ER 1228 and Ex Parte James (1803) 8 Ves 337; 32 ER 385 ..." (Chellew v Excell and Chellew as Trustees of the Estate of Carringon HC AK CIV 2008-404-302 [2008] NZHC 2126 (22 December 2008)) Mon, 13 Sep 2010 10:38:07 GMT http://www.nzlii.org/nz/cases/NZHC/2008/2126.html http://www.bailii.org/ie/cases/IEHC/2008/H159.html "The plaintiffs, who had a plan of running a restaurant, wished to buy the leasehold of a premises at 22 Castle Street, Dalkey from the defendant. The purchase has fallen through, but now the plaintiffs, as purchasers, seek the return from the defendant company, as vendor, of their deposit in the sum of €25,000. The contract was negotiated as far back as November, 2005. An issue in relation to whether there was retention permission concerning the use of the premises, and an architect’s certificate in that regard, delayed the signing of contracts until the 24th August, 2006. The contract records the purchase price as being €245,000 and described the premises as being held under an indenture of lease made on 1st March, 2005 between Michelle Kavanagh, the landlord, and Taviri Limited, the defendant in these proceedings, as tenant. The contract indicates that the closing date of the sale was to be 7th December, 2005, which was well before the problems in relation to planning had been sorted out. In consequence, it is argued that a completion notice could not have been served by the defendant as vendor on the plaintiffs as purchasers. As a matter of law, if a contract does not specify a closing date, a reasonable date will be implied into the contract ..." (Cregan and Anor -v- Taviri Ltd [2008] IEHC 159 (30 May 2008)) Mon, 13 Sep 2010 10:37:07 GMT http://www.bailii.org/ie/cases/IEHC/2008/H159.html http://www.bailii.org/ie/cases/IEHC/2008/H258.html "... On the facts of this case, the defendants undertook to act for and on behalf of the three plaintiffs by including within their settlement with CBT a term to provide for the disposal of the plaintiffs’ claims against CBT. The settlement identified the gross sum which would be available to the three plaintiffs and Mr. Sweeney (less deductions for expenses and legal costs). The first named defendant further undertook to act for and on behalf of the plaintiffs by securing the necessary waivers. The defendants received and dealt with the money. As part of such dealings the defendants invested and paid out monies. By so doing, the defendants undertook to act for and on behalf of the plaintiffs and each of them in circumstances giving rise to a relationship of trust and confidence. There thereby arose a legitimate expectation on the part of the plaintiffs, which equity recognises, that the fiduciaries would not utilise their position in such a way as was adverse to the interests of the plaintiffs. The facts of this case do not disclose a situation which would support the contention that a fiduciary relationship does not exist due to its commercial setting. The reason that fiduciary duties do not commonly arise in commercial settings is that it is normally inappropriate to expect a commercial party to subordinate its own interests to those of another commercial party ..." (Clements and Ors -v- Meagher and Ors [2008] IEHC 258 (25 July 2008)) Mon, 13 Sep 2010 10:36:07 GMT http://www.bailii.org/ie/cases/IEHC/2008/H258.html http://www.bailii.org/nie/cases/NIHC/QB/2008/116.html "... It is important in the commercial world of rent reviews that there is certainty and security in such transactions. The courts should be slow to introduce uncertainty into a sphere where highly experienced professionals are assumed to have acted on instruction from their principals and with due diligence. This was not an instance where well meaning amateurs, prone to incautious mistakes, were orchestrating the process. As both the main protagonists in the case stated, it is a firmly held view in this area of commerce that Calderbank offers are conventionally only made after careful consideration with both firms as a rule engaging in the practice of having such offers separately checked by senior persons before being despatched. That this practice was not invoked in this case cannot be allowed to undermine the climate of certainty that must attend on such offers. Accordingly I was not at all surprised to hear the witnesses for the plaintiff in this case testify they had never come across such a mistake before. I am sure that this is one of the reasons why the possibility of mistake never entered the heads Messrs Wilson, McClure or Smith in this instance ..." (Redevco UK One Ltd v W H SMITH PLC [2008] NIQB 116 (24 October 2008)) Mon, 13 Sep 2010 10:35:07 GMT http://www.bailii.org/nie/cases/NIHC/QB/2008/116.html http://www.bailii.org/nie/cases/NIHC/Ch/2008/17.html "... The plaintiff's claim is based upon the proposition that her direct substantial monetary contribution to the purchase of the property combined with the agreement or arrangement with her father resulted in her acquiring the entire beneficial interest in the property subject to her father's ability to live in the house rent free for life. The plaintiff's claim can be analysed under a number of different legal concepts, namely a resulting trust, a proprietary estoppel or a constructive trust. A resulting trust might only result in the plaintiff establishing an entitlement to a proportion of rather than the entire beneficial interest in the property. The extent of the plaintiff's potential beneficial interest under the resulting trust arising from her direct financial contribution being broadly in proportion to the respective contributions of herself and her father. Thus account would be given to the deceased's contribution which was his entitlement to purchase the property at a discount through his tenancy of the property and the rental payments that he had made over a number of years. Alternatively the plaintiff can seek to rely on the agreement between herself and her father as giving rise to a proprietary estoppel in respect of that part of the beneficial interest in the property which is not subject to a resulting trust in her favour ..." (McKenna v McDonnell [2008] NICh 17 (2 December 2008)) Mon, 13 Sep 2010 10:34:07 GMT http://www.bailii.org/nie/cases/NIHC/Ch/2008/17.html http://www.bailii.org/nie/cases/NIHC/Ch/2008/5.html ". .. I have found as a fact that Edward McDermott made a promise to Patrick and Anne-Marie McDermott that the property would be transferred to them if they came to live in Northern Ireland in the property and completed its construction. Patrick and Anne-Marie McDermott acted to their detriment in reliance on that promise. They gave up their existing established family life and jobs in America. They gave up opportunities of developing their lives further in America and instead they moved as a family to live and work in Northern Ireland. They expended £60,000 on finishing the house and did so in circumstances which put them under considerable financial pressure. Patrick McDermott has also undertaken a not inconsiderable amount of physical work on the property. In those circumstances I consider that it is unconscionable for Edward McDermott to be able to rely on his strict legal rights ..." (McDermott and Anor v McDermott and Anor [2008] NICh 5 (10 March 2008)) Mon, 13 Sep 2010 10:33:07 GMT http://www.bailii.org/nie/cases/NIHC/Ch/2008/5.html http://www.bailii.org/nie/cases/NIHC/Ch/2008/11.html "... The authorities establish that the task is to look at the circumstances of the case to decide in what way the equity can be satisfied. The object is to achieve the minimum equity required to do justice to the Plaintiff. I only add to this that it must be no less than the minimum needed to achieve that result. In this case the promise was that the Plaintiff would receive the farm after the death of his parents. James had received the farm from his father in fee simple and I infer both from that and from the absolute gifts effected by all the pre- October 1995 wills that the promise by him to the Plaintiff of the farm after James' day was intended to comprehend a similar interest. I certainly see nothing to support the proposition that a life interest would satisfy the equity and the fact that James, mistakenly, believed that the absolute nature of his interest enabled him to renege on his promise to the Plaintiff (which of course had he only had a life interest with remainder to the Plaintiff he could not) confirms me in the view that the minimum equity required is a transfer to the Plaintiff of the three parcels that always comprised the farm as absolute owner of each. The compromise between the Plaintiff and Gareth in relation to the Dunarnon and Motalee lands makes it unnecessary for me to make any order in relation to them ..." (Johnston (Deceased), Re Estate of [2008] NICh 11 (13 June 2008)) Mon, 13 Sep 2010 10:32:07 GMT http://www.bailii.org/nie/cases/NIHC/Ch/2008/11.html http://www.bailii.org/eu/cases/EUECJ/2008/T6804.html "... By awarding interest of 0.1% above the minimum interest rate offered for refinancing operations of the ECB on provisional payments made by undertakings to discharge their fines, the Commission is granting the undertaking concerned a privilege not provided for by the Treaty, Regulation No 17, or Regulation No 2342/2002 (see, to that effect, CB v Commission, paragraph 143 above, paragraph 82) and which cannot validly support the applicant's complaint. The interest rate applied by the Commission to fines in respect of which it ultimately becomes apparent that they were wrongly paid pursues a totally different aim to that applied for late payment interest. The former interest rate aims to prevent the unjust enrichment of the Communities to the detriment of an undertaking whose action for annulment of its fine is successful, whereas the latter interest rate seeks to prevent abusive delays in the payment of a fine (Tokai II, paragraph 52 above, paragraph 414) ..." (SGL Carbon v Commission (Competition) [2008] EUECJ T-68/04 (08 October 2008)) Mon, 13 Sep 2010 10:31:07 GMT http://www.bailii.org/eu/cases/EUECJ/2008/T6804.html http://www.bailii.org/ew/cases/EWCA/Civ/2008/347.html "...The appellant contends that the reasoning of the majority of the House of Lords in Stack v Dowden [2007] UKHL 17 [2007] AC 432 compels a finding in the present case that the beneficial ownership of the property was held in equal shares by the parties. As Chadwick LJ pointed out when giving permission to appeal, Stack was decided after HHJ Levy gave his decision in this case. In Stack the two parties who purchased the house in question were living together in a long-term sexual relationship, and had children when they purchased the house, which they intended to be, and indeed was occupied as, their family home. It is by no means clear to me that the approach laid down by Baroness Hale of Richmond in that case was intended to apply in a case such as this. In this case, although the parties were mother and daughter and not in that sense in an arm's length commercial relationship, they had independent lives, and, as I have already indicated, the purchase of the property was not really for the purpose of providing a home for them. The daughter hardly lived there at the time it was purchased, and did not live there much if at all afterwards, and the mother did not live there for long. The property was purchased primarily as an investment ..." (Laskar v Laskar [2008] EWCA Civ 347 (7 February 2008)) Mon, 13 Sep 2010 10:30:07 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2008/347.html http://www.bailii.org/ew/cases/EWHC/Ch/2007/2357.html "... Ms John submitted, on the authority of those passages, that the Bank is entitled to what she described as a 'derivative award of interest'. She formulated the relevant principle thus: that it would unjustly enrich the borrower, or in this case Kali, as the person entitled to the equity of redemption, if the later encumbrancer, in this case the Bank, was subrogated to the principal debt, but not to interest. She submitted that it should be regarded as uncontroversial that the Bank is entitled to subrogation in relation to its interest claim. She submitted that that was supported by the authorities and the academic text writers to which I have referred. In reply to that submission, Mr Gillis repeated that subrogation operates by way of unjust enrichment; and there would be no unjust enrichment here if the Bank was denied its claim to subrogation for interest. He submits that Kali may be enriched, but there would be nothing unjust about it. Ms John's submission on costs was said by her to flow from the principles of the remedy of subrogation, which are to prevent unjust enrichment ..." (Kali and Burlay v Chawla and Ors [2007] EWHC 2357 (Ch) (13 September 2007)) Mon, 13 Sep 2010 10:28:07 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2007/2357.html http://www.bailii.org/ew/cases/EWHC/Ch/2008/2242.html "... It is well settled that equity will set aside transactions for mistake in appropriate circumstances. Thus, in Lady Hood of Avalon v Mackinnon [1909] 1 Ch 476, Lady Hood made an appointment in favour of her elder daughter to put her in the same position as her younger daughter. In so doing, she overlooked an earlier large appointment she had made some years before in her elder daughter's favour. The later appointment was rescinded, as Lady Avalon mistakenly believed that she was bringing about equality when she was not ..." (Fender (Administrator of FG Collier and Sons Ltd) v National Westminster Bank Plc [2008] EWHC 2242 (Ch) (26 September 2008)) Mon, 13 Sep 2010 10:27:07 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2008/2242.html http://www.canlii.org/en/ab/abqb/doc/2008/2008abqb245/2008abqb245.html "These reasons are supplemental to those given in Archer v. St. John, 2008 ABQB 9 (CanLII), 2008 ABQB 9. Counsel have asked that I address two additional matters arising from my earlier reasons including: the Plaintiff’s claim for damages regarding the use of the property awarded to him and costs. In addition, counsel have asked for directions with respect to encumbrances filed subsequent to the lis pendens and how the property is to be conveyed to Devon Archer ..." (Archer v. St. John, 2008 ABQB 245 (CanLII)) Mon, 13 Sep 2010 10:26:07 GMT http://www.canlii.org/en/ab/abqb/doc/2008/2008abqb245/2008abqb245.html http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1667/2008bcsc1667.html "... In very general terms, Vetshopaustralia Pty. Ltd. (“Vetshop”), in one action, and Pet Supplies (USA) Inc./Animal Welfare International Inc. ('AWI') in the other, are claiming against Pivotal for debt arising out of a contractual arrangement that came to an end in 2005. Pivotal alleges that the plaintiffs and the other defendants conspired, after the arrangement between it and Vetshop/AWI had ended, to compete against it using a computer code ('the Code' to which it had some proprietary rights. They sue Vetshop/AWI, directors Steven Perissinotto and Mark Perissinotto, W3 International Media Ltd. ('W3'), its director Myfanwy Wong ('Wong'), and Vasant Kumar Anvekar ('Kumar') in breach of contract, breach of confidence, and negligent misrepresentation ..." (Vetshopaustralia Pty. Ltd. v. Pivotal Partners Inc., 2008 BCSC 1667 (CanLII)) Mon, 13 Sep 2010 10:25:07 GMT http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1667/2008bcsc1667.html http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca110/2009bcca110.html "In 1996, Timothy Latimer and Marc Arcand entered into what is commonly referred to as the 'payday loans' business – the short-term lending of small amounts of money to large numbers of people at a rate of interest and other charges which together exceed the cost to borrowers permitted by s. 347 of the Criminal Code: 60% per annum. They started in Alberta, incorporated companies there, and expanded the business to other provinces, operating through a broad corporate structure carrying on a storefront business under the name of 'Instaloans'. The business was ultimately sold in April 2005 for $35 million. Shortly thereafter, this class action was commenced against the named Instaloans and related companies, as well as against Mr. Latimer and Mr. Arcand, for the recovery of all amounts paid by borrowers in British Columbia from December 1998 to April 2005, the 'Class Period', exceeding what the Criminal Code permits ..." (Tracy (Representative ad litem of) v. Instaloans Financial Solution Centres (B.C.) Ltd., 2009 BCCA 110 (CanLII)) Mon, 13 Sep 2010 10:24:07 GMT http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca110/2009bcca110.html http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1063/2008bcsc1063.html "... At paragraphs 63-64 of the Further Amended Statement of Claim, the plaintiffs allege that the defendants were unjustly enriched by the Access Program, that the plaintiffs suffered deprivation, and that justice requires the imposition of a constructive trust. The pleadings are in accordance with the basic requirements for a claim of unjust enrichment as set out in Garland v. Consumers’ Gas Co., 2004 SCC 25 (CanLII), [2004] 1 S.C.R. 629, 2004 SCC 25, at para. 30. I agree with the defendants’ submission that deprivation of the plaintiffs is an essential element of a claim for unjust enrichment, just as actual damage is a necessary element of the civil conspiracy and s. 36 claims. It is not sufficient to prove enrichment of the defendants without proof of corresponding deprivation to the plaintiffs ..." (Steele v. Toyota Canada Inc., 2008 BCSC 1063 (CanLII)) Mon, 13 Sep 2010 09:30:07 GMT http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1063/2008bcsc1063.html http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc730/2008bcsc730.html "In 1990, John Schwarzkopf inherited approximately $10 million. With the assistance of an accountant he invested most of those funds in securities and the value of his portfolio increased substantially between 1990 and 1996. In 1997, Mr Schwarzkopf met the defendant Kevin McLaughlin and retained him to be his financial advisor in February 1997. Between February 1997 and 2002, Mr. McLaughlin had total control over Mr. Schwarzkopf’s portfolio, which in 1997 consisted of blue chip marketable securities. As of December 31, 1996, these assets were worth close to $17 million (the 'Schwarzkopf securities'). Mr. McLaughlin liquidated the Schwarzkopf securities and converted them, in large part, to a speculative venture in raw land known as Lake McGregor Resort Corporation ('LMRC'). In 2002, Mr. Schwarzkopf learned that Mr. McLaughlin had liquidated all of the Schwarzkopf securities ..." (Schwarzkopf v. McLaughlin, 2008 BCSC 730 (CanLII)) Mon, 13 Sep 2010 09:29:07 GMT http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc730/2008bcsc730.html http://www.canlii.org/en/on/onca/doc/2008/2008onca601/2008onca601.html "Rectification is an equitable remedy designed to ensure that one party is not unjustly enriched at the expense of another. A court will rectify an inaccurately drawn written agreement so that it conforms to the agreement the parties intended to make. In Downtown King West Development Corp. v. Massey Ferguson Industries Ltd. 1996 CanLII 1232 (ON C.A.), (1996), 28 O.R. (3d) 327 at 336 (C.A.), Robins J.A. explained the remedy’s underlying rationale ..." (Royal Bank of Canada v. El-Bris Limited, 2008 ONCA 601 (CanLII)) Mon, 13 Sep 2010 09:28:07 GMT http://www.canlii.org/en/on/onca/doc/2008/2008onca601/2008onca601.html http://www.canlii.org/en/ca/scc/doc/2009/2009scc10/2009scc10.html "Family law — Family assets — Separation agreements — Unconscionability — Husband knowingly exploiting wife’s mental fragility and giving misleading financial information, resulting in negotiated equalization payment that fails to reflect objectives of governing legislation or parties’ intention to divide assets equally — Whether separation agreement unconscionable — Role of professional assistance in compensating for vulnerabilities." (Rick v. Brandsema, 2009 SCC 10, [2009] 1 S.C.R. 295) Mon, 13 Sep 2010 09:27:07 GMT http://www.canlii.org/en/ca/scc/doc/2009/2009scc10/2009scc10.html http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca503/2009bcca503.html "... For the reasons that follow, it is my view that he erred in concluding that the aggregate monetary claim could not be tried as a common issue. If that issue should be tried on common evidence along with the common issues concerning the respondents’ alleged wrongful conduct, the common issues trial would have the potential to decide liability and even to determine the entire action without resort to individualized inquiries. In that case, a class proceeding would clearly be the preferable procedure. Further, in my view the appellant is a suitable representative plaintiff and its litigation plan is sufficient at this stage of the proceeding. I would allow the appeal ..." (Pro-Sys Consultants Ltd. v. Infineon Technologies AG, 2009 BCCA 503 (CanLII)) Mon, 13 Sep 2010 09:26:07 GMT http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca503/2009bcca503.html http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1198/2008bcsc1198.html "Fred Hofman, a person of some notoriety locally, allegedly defrauded a large number of investors in Canada of very large sums of money between 1986 and 1991 at which time he disappeared. He was discovered in Australia in 2003 under the name of Piet Cornelius Walters. He was apparently busily defrauding investors in that country. He was charged and convicted and is currently serving an eight year sentence in that country. He remains on the RCMP’s “most wanted” list and presently faces 53 counts of fraud and theft in Canada. In Australia, Fred Hofman utilized a company called Drury Management Pty Ltd. (“Drury”) as well as other companies or individual nominees to hold assets. These included Mark Samuel Evans and Ransom House Pty Ltd ..." (Pan-Atlas Financial Group, Ltd. (Re), 2008 BCSC 1198 (CanLII)) Mon, 13 Sep 2010 09:25:07 GMT http://www.canlii.org/en/bc/bcsc/doc/2008/2008bcsc1198/2008bcsc1198.html http://www.canlii.org/en/on/onsc/doc/2008/2008canlii17309/2008canlii17309.html "Amount — cheque — mistake — unjust enrichment — collection" (M. McGrath Canada Limited v. Vincent Dagenais Gibson LLP, 2008 CanLII 17309 (ON S.C.)) Mon, 13 Sep 2010 09:24:07 GMT http://www.canlii.org/en/on/onsc/doc/2008/2008canlii17309/2008canlii17309.html http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca467/2009bcca467.html "... The real crux of Mr. Wiebach’s argument on behalf of Mr. Kosaka is that Mr. Kosaka relied on the assurances he was given by the defendants and that it is simply “unfair” that in the end, he did not receive a share of the profits allegedly received by the defendants on the sale to the income trust. But Equity does not, and could not, provide a remedy to every person who has tried to negotiate a contract and felt unfairly dealt with when the negotiations proved unsuccessful ..." (Kosaka v. Chan, 2009 BCCA 467 (CanLII)) Mon, 13 Sep 2010 09:23:07 GMT http://www.canlii.org/en/bc/bcca/doc/2009/2009bcca467/2009bcca467.html http://www.canlii.org/en/ca/scc/doc/2009/2009scc9/2009scc9.html "Aboriginal law — Crown — Fiduciary duty — Management of oil and gas royalties — Indian bands surrendering mineral rights on reserves to Crown — Crown holding bands’ oil and gas royalties in Consolidated Revenue Fund and paying interest at rate tied to the yield on long term government bonds but adjusted periodically — Whether Crown was obligated as fiduciary to invest oil and gas royalties — Whether Crown breached its fiduciary obligations in way in which it calculated and paid interest on royalties" (Ermineskin Indian Band and Nation v. Canada, 2009 SCC 9) Mon, 13 Sep 2010 09:22:07 GMT http://www.canlii.org/en/ca/scc/doc/2009/2009scc9/2009scc9.html http://www.canlii.org/en/mb/mbqb/doc/2008/2008mbqb140/2008mbqb140.html "It must be emphasized that equity will not allow a fraud to occur in any circumstances. That being said, the common law has developed certain rebuttable presumptions of law over the years. A resulting trust is one such presumption, albeit the courts now appear to be hesitant in accepting such a presumption out of hand. Instead, the judicial direction supports a weighing of all the evidence in order to determine what was intended by the parties. In this case, it was clear that the parties became joint tenants so as to facilitate the securing of mortgage financing for the applicant. That financing would have been unavailable without the benefit of the bankrupt’s name as a co-purchaser ..." (Ehrmantraut v. Keith G. Collins Ltd., 2008 MBQB 140 (CanLII)) Mon, 13 Sep 2010 09:21:07 GMT http://www.canlii.org/en/mb/mbqb/doc/2008/2008mbqb140/2008mbqb140.html http://www.non-competes.com/2010/09/california-court-of-appeal-permits.html "In a long-running dispute involving E*Trade's unsuccessful attempt to develop wireless trading technology, a California Court of Appeals has allowed a wireless vendor to proceed against E*Trade on the theory of royalty damages. E*Trade had previously been found liable for willfully misappropriating trade secrets related to wireless trading technology ..." (Legal Developments In Non-Competition Agreements, 2 September 2010) Mon, 13 Sep 2010 09:20:07 GMT http://www.non-competes.com/2010/09/california-court-of-appeal-permits.html http://cctvcambridge.org/node/56011 "This is a follow up to recent post The Latest on Councillor Decker’s Real Estate Travails. It will make more sense if you have read the previous post. Raymond Bandar also filed Civil Action No. 10-2507, in which he asks for declaratory judgment as to who the beneficiaries and trustees of the 63 Walden Street Trust are and, consequently, who has the right to pursue the Decker litigation, i.e. Civil Action 10-1500 ..." (Cambridge Community Television, 2 September 2010) Mon, 13 Sep 2010 09:19:07 GMT http://cctvcambridge.org/node/56011 http://skepticlawyer.com.au/2010/09/02/the-stigs-identity-and-gain-based-damages/ "When I was learning how to drive, my father asked me what kind of car my instructor had. 'A white one?' I hazarded. He was just horrified that I had no idea of the make or how many cylinders it had. I’m not a petrol head — cars are simply a tool for getting around as far as I’m concerned, and as long as they work adequately I don’t really mind ..." (SkepticLawyer, 2 September 2010) Mon, 13 Sep 2010 09:18:07 GMT http://skepticlawyer.com.au/2010/09/02/the-stigs-identity-and-gain-based-damages/ http://news.yahoo.com/s/artinfo/20100901/en_artinfo/california_bill_could_alter_the_restitution_of_nazilooted_art "SACRAMENTO, Calif. – A bill was approved by California lawmakers on Monday that allows for the extension of the amount of time during which citizens in that state can sue museums, galleries, and auction houses for the recovery of stolen works of art — an important step in creating decisive legislation to deal with the myriad difficult-to-try, emotionally fraught cases concerning the restitution of Nazi-looted art ..." (Yahoo! News, 1 September 2010) Mon, 13 Sep 2010 09:17:07 GMT http://news.yahoo.com/s/artinfo/20100901/en_artinfo/california_bill_could_alter_the_restitution_of_nazilooted_art http://caltradesecrets.com/2010/08/30/sixth-district-hods-that-reasonable-royalties-available-when-a-defendant-has-not-realized-a-profit-or-other-calculable-benefit/ "Today, in Ajaxo Inc. v. E*Trade Financial Corporation, — Cal.Rptr.3d —-, H033631, 2010 WL 3386479 (Cal. Ct. App. 6th Dist. Aug. 30, 2010), the Sixth District held that where a defendant has not realized a profit or other calculable benefit as a result of his or her misappropriation of a trade secret, unjust enrichment is not provable within the meaning of section 3426.3(b). Thus, the trial court had discretion pursuant to section 3426.3(b) to order payment of a reasonable royalty ..." (California Trade Secrets, 30 August 2010) Mon, 13 Sep 2010 09:16:07 GMT http://caltradesecrets.com/2010/08/30/sixth-district-hods-that-reasonable-royalties-available-when-a-defendant-has-not-realized-a-profit-or-other-calculable-benefit/ http://tellallmarketing.com/blog/?p=558 "What is it about collections letters that turns writers into bullies? A friend of mine got a job writing them for a trust company, and he found that he enjoyed ladling out abuse. These weren’t simple dunning notices. They were sent to stockholders who had been paid dividends they weren’t due - mostly elderly widows. As in any collections series, my friend would start with a polite request. But the second letter would say: 'You have been unjustly enriched', and the third would question the person’s integrity ..." (TellAllmarketing, 28 August 2010) Mon, 13 Sep 2010 09:15:07 GMT http://tellallmarketing.com/blog/?p=558 http://www.austlii.edu.au/au/cases/qld/QSC/2008/140.html "RESTITUTION – RESTITUTITION RESULTING FROM UNENFORCEABLE, INCOMPLETE, ILLEGAL or VOID CONTRACTS – RECOMPENSE FOR SERVICES RENDERED – QUANTUM MERUIT – GENERAL PRINCIPLES – where the plaintiff alleges that the agreement between the parties was, by reason of the defendants’ misrepresentation, void or voidable – where the plaintiff does not allege that the third defendant has failed to perform its obligations under the agreement – whether the defendants should be required to pay reasonable remuneration for the works " (WMJ Attractions Pty Ltd v. Ireland and Ors [2008] QSC 140 (30 June 2008)) Mon, 13 Sep 2010 09:14:07 GMT http://www.austlii.edu.au/au/cases/qld/QSC/2008/140.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/928.html "Employee misappropriates funds of employer and places these funds in joint bank accounts held with husband from whom she is separated - Husband's access to statements of account and control of accounts - Whether benefit to him - Whether failure to look at bank statements constitutes fault, rendering him liable to reimburse the employer" (SCEGS Redlands Ltd v Alison Barbour and Anor [2008] NSWSC 928 (5 September 2008)) Mon, 13 Sep 2010 09:13:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/928.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/310.html "LESSOR and LESSEE - lease of commercial premises on Macquarie Street level and Plaza Level of tower in Renzo Piano development Macquarie Street Sydney - issues between lessors and lessees re (1) whether rent conditional on state of premises being suitable for lessees' intended use - implied precondition - held, No.(2) - whether election exercised in accordance with clause in lease varying rent according to number of kiosks - held, it was not (3) whether lessors entitled to restitution by lessees of $75,000 the lessors paid to Owners Corporation to permit penetrations in floor slab for water sewerage and other services - held, they were not - (4) whether lessors entitled to damages for breach of earlier Settlement Deed by making further claim - held, they were - (5) whether Option of Renewal should be extended notwithsanding failures to pay rent, under discretionary power in s.133F(2) Conveyancing Act - review of litigation and disputes in Leasehold relationship - in view of poor quality of relationship, held, relief refused - Judgment for rent and damages to be assessed." (R and J Lyons Family Settlement Pty Ltd v 155 Macquarie Street Pty Ltd [2008] NSWSC 310 (11 April 2008)) Mon, 13 Sep 2010 09:12:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/310.html http://www.austlii.edu.au/au/cases/qld/QCA/2008/376.html "EQUITY – TRUSTS AND TRUSTEES – CONSTITUTION AND CLASSIFICATION OF TRUSTS GENERALLY – CLASSIFICATION OF TRUSTS IN GENERAL – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS-INDEPENDENT OF INTENTION – PARTICULAR CASES – where the first and second appellants were respectively the principal and trustee of the family trust into which the undischarged bankrupt deposited the respondent’s funds – whether the appellants had received trust property with notice of breaches of fiduciary duty by the undischarged bankrupt – whether appellants should be liable to the respondent under the first limb of the rule in Barnes v Addy – whether the appellants had knowingly assisted breaches of fiduciary duty by the undischarged bankrupt – whether the appellants should be liable to the respondent under the second limb of the rule in Barnes v Addy" (Quince v. Varga and Anor [2008] QCA 376 (28 November 2008)) Mon, 13 Sep 2010 09:11:07 GMT http://www.austlii.edu.au/au/cases/qld/QCA/2008/376.html http://www.austlii.edu.au/au/cases/nsw/NSWCA/2008/258.html "CONTRACT LAW – refurbishment of façade of building premises comprising strata scheme – whether oral agreement by owners corporation to reimburse building developer for cost of refurbishment works – whether terms of relevant conversation created binding agreement – whether strata managing agent representative had authority to bind owners corporation – whether actions of representative ratified by owners corporation" (Quarante Pty Ltd v The Owners Strata Plan No. 67212 [2008] NSWCA 258 (13 November 2008)) Mon, 13 Sep 2010 09:10:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWCA/2008/258.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/92.html "EQUITY - plaintiffs' contribution to improvement of defendant's property pursuant to joint relationship or endeavour, the substratum of which is later removed without attributable blame - whether it would be unconscionable for defendant to retain plaintiffs' contribution - appropriate remedies to give effect to plaintiffs' equity - effect of subsequent agreement between the parties" (Palinkas v Palinkas [2009] NSWSC 92 (27 February 2009)) Mon, 13 Sep 2010 09:09:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/92.html http://www.austlii.edu.au/au/cases/nsw/NSWCA/2008/34.html "RESTITUTION - claim for restitutionary interest on capital sum and periodic payments made as conditions of stay" (State of New South Wales v Fahy [2008] NSWCA 34 (20 March 2008)) Mon, 13 Sep 2010 09:08:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWCA/2008/34.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/177.html "EQUITY – Joint venture – where substratum fails without attributable blame – whether prima facie remedy is return of contributions or minimum equity to remove unconscionability. REAL PROPERTY – Co-ownership – rights of co-owners – occupation fee – upon breakdown of domestic relationship – where not reasonably practicable to remain under one roof – whether party remaining in occupation liable to pay occupation fee – improvements – where no evidence that value of property enhanced – whether co-owner entitled to allowance – services rendered – where co-owner performs some obligations to care for other – whether allowance warranted." (McKay and anor v McKay [2008] NSWSC 177 (21 February 2008)) Mon, 13 Sep 2010 09:07:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/177.html http://www.austlii.edu.au/au/cases/nsw/NSWCA/2008/214.html "EQUITY – Fraud committed on plaintiff by third party – Proceeds of fraud impressed with trust – Proceeds of fraud received by defendant – Whether defendant bona fide purchaser for value without notice – What interest in proceeds acquired when value given without notice – Effect of subsequent notice before full beneficial interest in proceeds acquired. BILLS OF EXCHANGE – Cheques – Effect of crossing cheque 'not negotiable' – Whether defendant acquires rights of a holder in due course. " (MBF Australia Limited v Malouf [2008] NSWCA 214 (5 September 2008)) Mon, 13 Sep 2010 09:06:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWCA/2008/214.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/167.html "EQUITY – General principles – Fiduciary obligations – Conflict of interest and duty – Purchase by agent from principal of property – Liability to retransfer property – Whether allowance to delinquent agent for money expended on property should include allowance for agent’s work and skill in improving property." (Lym International Pty Ltd v Chen [2009] NSWSC 167 (16 March 2009)) Mon, 13 Sep 2010 09:05:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/167.html http://www.austlii.edu.au/au/cases/cth/FCA/2008/159.html "RESTITUTION – whether a common law action for money had and received can be resisted by a respondent on the basis that the applicant may be a constructive trustee of the funds for a third party – whether constructive trust relevant to the enforcement of common law claim" (KAP Motors Pty Ltd v Commissioner of Taxation [2008] FCA 159 (28 February 2008)) Mon, 13 Sep 2010 09:04:07 GMT http://www.austlii.edu.au/au/cases/cth/FCA/2008/159.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/207.html "MORTGAGE - application for possession by mortgagee - mortgagors elderly with limited English - whether capable of understanding transaction - Contracts Review Act 1980 - whether contract unjust - undue influence - unconscionable bargain - Powers of Attorney Act 2003 - security document executed by co-owner pursuant to powers of attorney granted by other co-owners - whether valid or procured by fraud - unjust enrichment - restitution - order for possession granted" (JP Morgan Trust Australia Limited v Siahos [2008] NSWSC 207 (13 March 2008)) Mon, 13 Sep 2010 09:03:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/207.html http://www.austlii.edu.au/au/cases/nsw/NSWDC/2008/296.html "RESTITUTION - mistake: restitution arising from a plaintiff's mistaken actions - recovery of money paid under mistake - Unjust enrichment" (Dickinson v Crisp [2008] NSWDC 296 (11 December 2008)) Mon, 13 Sep 2010 09:02:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWDC/2008/296.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/1366.html "EQUITY - First and second defendants act as joint executors, guardians and attorneys for elderly plaintiff - First and second defendants in financial difficulties with reverse mortgage on their property - Plaintiff allegedly made a monetary gift to the first and second defendants so that they can purchase back their property in their names in return for them caring for the plaintiff - Plaintiff never received independent legal advice - Held on facts that the transaction must be set aside for equitable fraud and undue influence." (Badman v Drake [2008] NSWSC 1366 (19 December 2008)) Mon, 13 Sep 2010 09:01:07 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2008/1366.html http://www.austlii.edu.au/au/cases/qld/QSC/2008/57.html "EQUITY – GENERAL PRINCIPLES – EQUITABLE DOCTRINES AND PRESUMPTIONS – SUBROGATION – where there is a dispute as to the distribution of balance proceeds following the payment of a creditor – whether the applicant had a right to be subrogated to the securities of the first respondent – where the guarantee document contained a clause purporting to restrict the transfer of securities – whether the applicant had waived any right to subrogation" (Aquilina Holdings Pty Ltd v. Lynndell Pty Ltd [2008] QSC 57 (1 April 2008)) Mon, 13 Sep 2010 09:00:07 GMT http://www.austlii.edu.au/au/cases/qld/QSC/2008/57.html http://www.hklii.org/hk/jud/eng/hkca/2008/CACV000386_2006-59869.html "For the presumption of undue influence to arise, it is necessary for the wife to establish not only that she reposed trust and confidence in the husband in the management of her financial affairs but also that the transaction could not be readily explicable by the relationship of the parties. Mr Shieh SC accepted that the wife did repose trust and confidence in the husband but he made the point that in the present case, whilst the wife agreed to stand surety for the husband’s past, present and future debts, she also obtained a joint tenancy in the Property without having to make any financial contribution. It was therefore not a 'pure surety case'. He submitted that even if this case were to be treated as a 'pure surety case', there was nothing in the evidence to take it out of the ordinary case of a traditional wife reposing trust and confidence in the husband in financial matters ..." (Bank of China (Hong Kong) Ltd v. Well Lok Printing, Hong Kong Court of Appeal, January 2008) Mon, 13 Sep 2010 07:10:07 GMT http://www.hklii.org/hk/jud/eng/hkca/2008/CACV000386_2006-59869.html http://www.hklii.org/hk/jud/eng/hkca/2008/CACV000333_2007-61416.html "3. The plaintiff is a company in liquidation and the defendant was a former director of the plaintiff and at the relevant time was also a substantial shareholder of the plaintiff’s holding company (“China Rich”). From December 2002 to April 2002 inclusive, a period of 17 months, the plaintiff paid to the defendant $100,000 a month. The company was sold for $5 million two weeks after the last of the 17 payments totalling $1.7 million and provisional liquidators were appointed in July 2002. The defendant resigned as a director in July 2001. The liquidators sought an explanation from the defendant regarding the payments and, not being satisfied with the explanation proferred, commenced proceedings to recover the sum of $1.7 million on the basis that the monies constituted advances/loans for the purposes of section 157H of the Companies Ordinance and were liable to be repaid to the plaintiff under section 157I. In the alternative, the plaintiff sought restitution of money had received by the defendant to the plaintiff’s use ..." (Wing Fai Construction Co Ltd v. Yip Kwong Robert, Hong Kong Court of Appeal, May 2008) Mon, 13 Sep 2010 07:09:07 GMT http://www.hklii.org/hk/jud/eng/hkca/2008/CACV000333_2007-61416.html http://www.escapistmagazine.com/news/view/103063-Former-Stargate-Devs-Shareholders-Warp-to-Court "Even though Cheyenne Mountain Entertainment is bankrupt and no longer working on Stargate Worlds, its shareholders are suing to retrieve the company's assets ..." (The Escapist, 27 August 2010) Mon, 13 Sep 2010 07:08:07 GMT http://www.escapistmagazine.com/news/view/103063-Former-Stargate-Devs-Shareholders-Warp-to-Court http://tushnet.blogspot.com/2010/08/home-might-be-castle-but-not-identity.html "... Likewise, plaintiffs failed to plead special damages, as required for trade libel (as opposed to defamation). Contempt, ridicule, and pity, along with doubt about their financial solvency, don’t suffice to show pecuniary harm. Nor does the cost of legal representation, since counting that would make special damages automatic. The court then ruled that there is no stand-alone action for unjust enrichment in California, absent some other cause of action ..." (Rebecca Tushnet's 43(B)log, 26 August 2010) Mon, 13 Sep 2010 07:07:07 GMT http://tushnet.blogspot.com/2010/08/home-might-be-castle-but-not-identity.html http://www.concurringopinions.com/archives/2010/08/is-hairtechs-paris-hilton-complaint-a-joke.html "Jokes are ubiquitous about the hair-extension endorsement imbroglio involving product purveyor, Hairtech International, and celebutante, Paris Hilton. Funny as hair extension products and Paris Hilton are, the complaint itself could be read as a joke, a spoof, a send-up of law. But it appears to be serious, which is sad. The complaint was filed August 11, 2010 ..." (Concurring Opinions, 24 August 2010) Mon, 13 Sep 2010 07:06:07 GMT http://www.concurringopinions.com/archives/2010/08/is-hairtechs-paris-hilton-complaint-a-joke.html http://www.hklii.org/hk/jud/eng/hkcfi/2008/HCB001201_1998-61817.html "The last issue is whether I should apply the principle in Ex parte James (1874) 9 Ch App 609. It was argued for Mr. Ng that the bankruptcy court should direct the Official Receiver not to retain the Benefits for distribution among the creditors as it would be contrary to just dealing for a trustee in bankruptcy, as an officer of the court, to act in that way ..." (Re Ng Shiu Fan, Hong Kong Court of First Instance, July 2008) Mon, 13 Sep 2010 07:05:07 GMT http://www.hklii.org/hk/jud/eng/hkcfi/2008/HCB001201_1998-61817.html http://www.commonlii.org/sg/cases/SGHC/2008/87.html "The plaintiff, Yaku Shin (JB) Sdn Bhd ('YKJB') is a Malaysian company operating from Johor Bahru. Until March 2006, it was related to another company Yaku Shin (M) Sdn Bhd ('YKM'), a Malaysian company operating from Kuala Lumpur. YKM will feature prominently in the dispute before me. Both YKM and YKJB had at all material times the same parent company, ie , Foremost Holdings Bhd, which held 58.75% of the capital in each of these two companies. At all material times, YKM and YKJB had the same managing director, one Teh Hong Beng ('Teh') ..." (Yaku Shin (JB) Sdn Bhd v. Panasonic AVC Networks Singapore Pte Ltd, Singapore High Court, June 2008) Mon, 13 Sep 2010 07:04:07 GMT http://www.commonlii.org/sg/cases/SGHC/2008/87.html http://www.commonlii.org/sg/cases/SGHC/2008/242.html "The chief protagonists in this multi-party action are the plaintiff, Dr Tam Tak Chuen, and the first defendant, Dr Khairul bin Abdul Rahman. The plaintiff’s claim against the second and sixth defendants was settled shortly after the trial commenced and the trial therefore proceeded only against the remaining four defendants. The third, fourth and fifth defendants are corporate entities and basically were joined as nominal defendants as the reliefs that the plaintiff is seeking include prayers for declarations that would affect the shareholdings in these companies ..." (Tam Tak Chuen v. Khairul bin Abdul Rahman, Singapore High Court, December 2008) Mon, 13 Sep 2010 07:03:07 GMT http://www.commonlii.org/sg/cases/SGHC/2008/242.html http://www.commonlii.org/sg/cases/SGHC/2008/65.html "The plaintiff, Mok Kwong Yue (“Mr Mok”), brought this action to recover three sums of money which he alleged he had paid the defendant, Ding Leng Kong (“Mr Ding”), by reason of a mistake of law on his part. Judgment in favour of Mr Mok was granted in respect of the first sum, an amount of $240,000, in July 2004 pursuant to an Order 14 application. When the matter came on for trial before me therefore, the dispute was confined to the other two sums ..." (Mok Kwong Yue v. Ding Leng Kong, Singapore High Court, May 2008) Mon, 13 Sep 2010 07:02:07 GMT http://www.commonlii.org/sg/cases/SGHC/2008/65.html http://www.commonlii.org/sg/cases/SGHC/2008/206.html "This was a stay application by the defendant on the basis that Singapore was not the natural forum for the action. It was first heard before Assistant Registrar Teo Guan Siew ('the AR') who dismissed it. The defendant appealed. I heard the appeal and, agreeing with the AR, dismissed it. The defendant has appealed further ..." (Focus Energy Ltd v. Aye Aye Soe, Singapore High Court, November 2008) Mon, 13 Sep 2010 07:01:07 GMT http://www.commonlii.org/sg/cases/SGHC/2008/206.html http://www.ucc.ie/law/restitution/archive/newzcases/sanctuary.pdf “…If the Court looks under a corporate veil, what can it expect of find? It cannot be a void. There must be some other person, different from the company that holds the property in question on a recognisable legal or equitable basis. Who is that person here? Mr Gould submits that the person cannot be the Official Assignee in this, Mr Armitage’s third bankruptcy, as it was the second bankruptcy that applied in 2002 when the property was purchased. He submits that under the veil there is no more than the existing shareholder, Mr Crump, who holds the shares on trust for the Sanctuary Trust …” (Official Assignee v. Sanctuary Propvest Ltd, May 2009) (many thanks to Charles Rickett) Mon, 13 Sep 2010 07:00:07 GMT http://www.ucc.ie/law/restitution/archive/newzcases/sanctuary.pdf http://www.ucc.ie/law/restitution/archive/malaycases/sanmaru.pdf “…The whole case revolved on the sole issue of the consideration for the transfer of the ‘Indomie’ trade mark. Yet, the trial proceeded on other issues as well and these issues were mere red herrings. At every turn and corner – indeed at every available opportunity, the defendants sought to raise every possible issue. That prompted the High Court judge to award costs for two lawyers …” (Sanmaru Overseas Marketing SDN BHD v. PT Indofood Interna Corp, February 2008) (many thanks to Martin Sethu) Mon, 13 Sep 2010 06:59:07 GMT http://www.ucc.ie/law/restitution/archive/malaycases/sanmaru.pdf http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639399 "Abstract: In AT v .Dulghieru four victims of human trafficking successfully sued two of their traffickers for sexual enslavement for periods of 1 to 2 months. The claimants were awarded a total of £601,000 in damages for pain and suffering and loss of amenity, aggravated damages and exemplary damages. The court held that the purpose of exemplary damages in cases like this is the prevention of unjust enrichment. This case comment briefly analyses some of the typical issues raised in such claims, including the basis of liability, proving pecuniary damages and traffickers’ liability for victims’ detention by the authorities. Most importantly, it suggests what should be the relationship between compensation, restitution and punitive damages ..." (Tsachi Keren-Paz, ssrn, 2010) Mon, 13 Sep 2010 06:58:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1639399 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1625065 "Abstract: This Symposium Essay considers the impact of the Supreme Court’s 2008 decision in Exxon Shipping Company v. Baker on the ability of juries to award punitive damages in a manner that comports with the law. In that case, the Court continued its two-decade crusade to place federal limits on punitive damages awards. The Exxon case was a federal maritime case arising out of the 1989 grounding of the Exxon Valdez in Prince William Sound, Alaska, resulting in arguably the biggest environmental disaster in U.S. history. In its decision, the Court for the first time identified “unpredictability” as the fundamental problem with punitive damages today ..." (Alexandra B Klass, ssrn, 2009) Mon, 13 Sep 2010 06:57:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1625065 http://www.historynet.com/the-war-over-plunder-who-owns-art-stolen-in-war.htm/1 "The Swedes came at night, rushing through a gap in the walls protecting the Mala Strana neighborhood at the foot of Prague Castle. By the break of day on July 27, 1648, the invaders had captured the entire western side of the city, including the castle, with its famous collections of art, rare books, and astronomical instruments ..." (Colin Woodard, Summer 2010) Mon, 13 Sep 2010 06:56:07 GMT http://www.historynet.com/the-war-over-plunder-who-owns-art-stolen-in-war.htm/1 http://www.bailii.org/ie/cases/IEHC/2007/H60.html "The plaintiff ('the Company') is the principal employer of the Tara Mines Pension Plan ('the Pension Plan'). The first to sixth named defendants are the current trustees of the Pension Plan. The seventh named defendant ('IPT') was the trustee of the Pension Plan until 20th December, 1999. The eighth defendant is joined as a representative beneficiary whose entitlements are such that they may be affected by the granting of the relief sought by the Company. He replaced by consent an earlier representative beneficiary. Both have been granted an indemnity by the Company in respect of their costs herein ..." (Boliden Tara Mines Limited v Cosgrove [2007] IEHC 60 (9 March 2007)) Mon, 13 Sep 2010 06:55:07 GMT http://www.bailii.org/ie/cases/IEHC/2007/H60.html http://www.bailii.org/eu/cases/EUECJ/2010/C47008.html "... The inevitable conclusion from the above considerations is that Regulations Nos 1782/2003 and 795/2004 do not contain any obligation on farmers who have leased land to transfer their payment entitlements to the lessor on the expiry of the lease. There is also no reason to suppose that the principle prohibiting unjust enrichment requires a farmer, on the expiry of the lease, to transfer his payment entitlements to the lessor or to pay him compensation ..." (van Dijk (Agriculture) [2010] EUECJ C-470/08 (21 January 2010)) Mon, 13 Sep 2010 06:54:07 GMT http://www.bailii.org/eu/cases/EUECJ/2010/C47008.html http://www.bailii.org/uk/cases/UKPC/2009/45.html "In their written and oral submissions to the Board both sides (following the lead given by the courts below) made frequent references to 'Wrotham Park damages' (see Wrotham Park Estate Co Ltd v Parkside Homes Ltd [1974] 1 WLR 798 – 'Wrotham Park'). That may be a convenient shorthand expression, but it can become misleading if it is not made clear (as it was not always made clear in the courts below) whether it refers to ..." (Pell Frischmann Engineering Ltd v. Bow Valley Iran Ltd [2009] UKPC 45 (26 November 2009)) Mon, 13 Sep 2010 06:53:07 GMT http://www.bailii.org/uk/cases/UKPC/2009/45.html http://www.bailii.org/ie/cases/IEHC/2007/H177.html "... There is no dispute but that the C.A.B. is a public body acting in the exercise of its public law powers. However the defendant contends that the real issue for consideration is whether the rights and duties of which the C.A.B. is endeavouring to exercise in bringing the claim herein and in seeking a corrupt enrichment order go beyond those which apply to private persons. Are they a public body exercising a prerogative of its own? The defendant contends that the C.A.B. is not exercising a prerogative of its own because a private individual could bring analogous proceedings in the form of a claim for unjust enrichment. The defendant claims that the proceedings brought by the C.A.B. are similar or comparable in function as a civil claim for unjust enrichment ..." (Criminal Assets Bureau v. JWPL [2007] IEHC 177 (24 May 2007)) Mon, 13 Sep 2010 06:52:07 GMT http://www.bailii.org/ie/cases/IEHC/2007/H177.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1418203 "Abstract: This report concerns issues associated with the implementation in British Columbia of the Uniform Illegal Contracts Act recommended by the Uniform Law Conference of Canada for enactment in common law provinces and territories. The Uniform Act would empower superior courts to mitigate harsh and unjust results sometimes produced by the common law rules on illegality in contract. The Uniform Act cuts through the inconsistencies and technicality of the common law regarding illegal contracts and confers clear discretionary powers on the court to arrive at a just solution where difficulties arise from contractual arrangements that somehow contravene legislation or public policy. This report recommends some modifications to the Uniform Act to adapt it to the legal landscape of British Columbia." (British Columbia, October 2008) Mon, 13 Sep 2010 06:51:07 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1418203 http://www.canlii.org/en/bc/bcca/doc/2010/2010bcca226/2010bcca226.html "This appeal from an order to pay damages for unjust enrichment requires this Court to address a fundamental issue about the application of that doctrine to a common law relationship – how account is to be taken of benefits received by the claimant. The appellant alleges error in the trial judge’s finding that she had been unjustly enriched by the respondent and in the assessment of damages for that enrichment: 2008 BCSC 548 (CanLII), 2008 BCSC 548. The underlying issue derives from the mutuality implicit in a marriage-like relationship." (Wilson v. Fotsch, 2010 BCCA 226 (CanLII)) Mon, 13 Sep 2010 06:50:07 GMT http://www.canlii.org/en/bc/bcca/doc/2010/2010bcca226/2010bcca226.html http://www.ucc.ie/law/restitution/archive/articles/diaz.pdf "Abstract: Curiously, the Common law, when norman invasion in the Xith century, began at a less advanced stage than the one attained by Roman law. Although Roman law notions of contract were known in England, their influence there faded with the break up of the Roman political system. English courts painfully had to reconstruct contract law during the Middle Ages. The object of this paper is to give some historical backgrounds about the evolution of unjust enrichment in roman law and its aplicability, by english courts, as a general rule for enforcing promises.” (Julio Alberto Díaz, 2007) Mon, 30 Aug 2010 11:57:04 GMT http://www.ucc.ie/law/restitution/archive/articles/diaz.pdf http://www.ucc.ie/law/restitution/archive/brazil/Enriquecimento_sem_causa.pdf "RESUMO: O enriquecimento sem causa é descrito como um mecanismo satisfatório para recomposição patrimonial em casos em que tenha ocorrido uma transferência de bens ou direitos desprovida de uma causa justificativa juridicamente aceitável. Parte-se da concepção do enriquecimento sem causa como uma fonte de obrigações. São examinados os diversos paradigmas coexistentes para explicitar a dimensão do enriquecimento sem causa adotada: nem tão ampla quanto um princípio geral de direito, nem tão restrita quanto sua redução a categorias previamente tipificadas. Toma-se o artigo 884 do novo Código Civil como cláusula geral em constante construção. São explicitados os elementos necessários à caracterização do enriquecimento sem causa – enriquecimento, ausência de causa e obtenção à custa de outrem – e afastados os requisitos reducionistas - subsidiariedade da obrigação de restituir, ausência de culpa de quem exige a restituição, exigência de imediação e necessidade de um empobrecimento concomitante. Sustenta-se que o valor da restituição do enriquecimento deve corresponder ao valor objetivo da vantagem adquirida – enriquecimento real – limitado à diferença para maior produzida no patrimônio do enriquecido – enriquecimento patrimonial – somente nos casos em que este tenha agido de boa-fé. Aduz-se aos casos mais freqüentes de enriquecimento sem causa: benfeitorias, acessões, pagamentos indevidos, prestações derivadas de contratos inválidos, vantagens obtidas por intervenção em bens ou direitos alheios e contratos com flagrante desequilíbrio na equivalência das prestações. (Maria Candida do Amaral Kroetz, 2005) Mon, 30 Aug 2010 11:44:04 GMT http://www.ucc.ie/law/restitution/archive/brazil/Enriquecimento_sem_causa.pdf http://www.wvrecord.com/news/229167-huntington-national-sues-hurricane-woman-for-breach-of-contract-unjust-enrichment "The Huntington National Bank is suing a Hurricane woman for breach of contract and unjust enrichment. The bank is the trustee of the Retirement Plan for Employees of Herbert J. Thomas Memorial Hospital, according to a complaint filed Aug. 9 in Putnam Circuit Court ..." (West Virginia Record, 25 August 2010) Fri, 27 Aug 2010 08:27:04 GMT http://www.wvrecord.com/news/229167-huntington-national-sues-hurricane-woman-for-breach-of-contract-unjust-enrichment http://www.northernlawblog.com/2010/08/equitable-remedies-under-home-repair.html "Illinois' First District has already held that equitable remedies such as quantum meruit and unjust enrichment are available to contractors who do not have written contracts with homeowners or are otherwise in violation of the Home Repair and Remodeling Act. See K. Miller Construction Company, Inc. v. McGinnis 394 Ill.App.3d 248 (1st Dist. 2009) ..." (Northern Law Blog, 25 August 2010) Fri, 27 Aug 2010 08:26:04 GMT http://www.northernlawblog.com/2010/08/equitable-remedies-under-home-repair.html https://maritimejournal.murdoch.edu.au/index.php/maritimejournal/article/viewFile/84/137 “Maritime salvage has evolved over many hundreds of years into a branch of law that operates within the Admiralty jurisdiction of the High Court. Because its roots are based on civilian principles, Admiralty law allows for recovery of benefits conferred outside of contract in cases where the common law would not. Salvage law is a prime example of the Admiralty Court’s jurisdiction to place principles of fairness and justice above fixed contractual rules …” (Catherine Swan, 2009) Fri, 27 Aug 2010 08:25:04 GMT https://maritimejournal.murdoch.edu.au/index.php/maritimejournal/article/viewFile/84/137 http://www.bailii.org/ew/cases/EWHC/Ch/2010/1614.html "Let me start with what I think are uncontroversial propositions. Whether a proprietary right exists is a question of the law of property. No question of the court's discretion is involved: Foskett v McKeown [2001] 1 AC 102, 109. The court cannot grant a proprietary right to A, who has not had one beforehand, without taking some proprietary right away from B. No English court has ever had the power to do that, except with the authority of Parliament: Re Polly Peck International plc (in administration) (No 4) [1998] 2 BCLC 185, 204. It follows that the courts of England and Wales do not recognise a remedial constructive trust as opposed to an institutional constructive trust ..." (Sinclair Investments (UK) Ltd v. Versailles Trade Finance Ltd [2010] EWHC 1614 (Ch), 30 June 2010) Fri, 27 Aug 2010 08:24:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/1614.html http://www.austlii.edu.au/au/cases/nsw/NSWCA/2009/186.html "RESTITUTION - mistake: restitution arising from a plaintiff's mistaken actions - recovery of money paid under mistake – recovery of funds paid under a loan and mortgage later held to be void - right to recovery prima face enlivened – injustice of the retention of the money or benefit – receipt and benefit matter of substance not form – whether funds received and retained – conduct of lender relevant in circumstances of this case – non est factum and restitution - conformity of legal principle – party not liable in restitution to repay funds where loan contract found void and party did not in substance receive benefit from the funds" (Ford v. Perpetual Trustees Victoria Ltd [2009] NSWCA 186, 8 July 2009) Fri, 27 Aug 2010 08:23:04 GMT http://www.austlii.edu.au/au/cases/nsw/NSWCA/2009/186.html http://www.bailii.org/uk/cases/UKHL/2009/38.html "... I agree that Persimmon’s argument that the House should take account of the pre-contractual negotiations raises an important issue. Every so often the rule that prior negotiations are inadmissible comes under scrutiny. That is as it should be. One of the strengths of the common law is that it can take a fresh look at itself so that it can keep pace with changing circumstances. But for the reasons that have been set out by Lord Hoffmann I think that the arguments for retaining the rule have lost none of their force since Prenn v Simmonds [1971] 1 WLR 1381 demonstrated, as Lord Wilberforce put it at p 1384, the disadvantages and danger of departing from established doctrine ..." (Chartbrook Ltd v. Persimmon Homes Ltd [2009] UKHL 38, 1 July 2009) Fri, 27 Aug 2010 08:22:04 GMT http://www.bailii.org/uk/cases/UKHL/2009/38.html http://www.bailii.org/ew/cases/EWCA/Civ/2010/227.html "The Claimant, Mrs Cook, is a widow aged 92. Her only child is Mrs Pauline Thomas, the First Defendant, who herself is now 60, and is married to the Second Defendant, Wyndham Thomas, who is 76. The proceedings relate to Tretawdy Farm, Llangrove, Ross-on-Wye, which has been the home of the Claimant since 1959, was the home of the First Defendant from the age of 9 until her marriage in 1990, and has been the home of the Defendants since 1996. The parties have fallen out and have not been on speaking terms since about 2002. Mrs Cook is undoubtedly the sole owner of the property ..." (Cook v. Thomas [2010] EWCA Civ 227, 17 March 2010) Fri, 27 Aug 2010 08:21:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/227.html http://www.bailii.org/ew/cases/EWCA/Civ/2007/877.html "... There are several unusual features of this case which mark it out from other joint property disputes. The parties were not married at the time of the purchase and have not married since then but they had been married and their divorce on the petition of the claimant was made absolute on 31 August 1978, just over a year before the purchase. The purchase was undertaken with a view to joint occupation of the property and reconciliation. However, the joint occupation lasted less than a year and since August 1980 the claimant has lived at Wilbury and the defendant elsewhere in Cambridge. Their daughter, now Mrs Tamsin Garland, lived with the claimant until she left home as an adult ..." (Holman v Howes [2007] EWCA Civ 877, 27 July 2007) Fri, 27 Aug 2010 08:20:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2007/877.html http://www.austlii.edu.au/au/cases/cth/HCA/2009/44.html "Guarantee and indemnity – Surety – Right to subrogation to securities – Three separate loans made to company, each secured by mortgage over company's property – Appellants guarantors of each loan – Appellants sold personal properties and used proceeds to reduce first loan – First mortgagee exercised power of sale over company's property to satisfy outstanding amounts owing under first loan and transferred surplus to second mortgagee – Whether appellants have right to subrogation to securities in priority to puisne mortgagees – Whether appellants' right to subrogation excluded by terms of guarantees to puisne mortgagees – Whether rule in Otter v Lord Vaux (1856) 2 K and J 650 [1856] EngR 694; [69 ER 943] applied to prevent appellants from exercising right to subrogation or should be extended to so apply – Whether transfer of surplus required to be unconscionable for doctrine of subrogation to apply ..." (Bofinger v Kingsway Group Limited [2009] HCA 44, 13 October 2009) Fri, 27 Aug 2010 08:19:04 GMT http://www.austlii.edu.au/au/cases/cth/HCA/2009/44.html http://www.bailii.org/ie/cases/IEHC/2007/H391.html "The issue in this case is whether the Plaintiff and the Defendants ever concluded a contract and, if so, what were its terms. A contract is not concluded unless the parties have agreed its essential terms; Supermacs Ireland Limited v Katesan (Naas) Limited [2000] 4 IR 273 at p. 286. Where work is done on behalf of a party in circumstances were there is a reasonable expectation of proper payment then, in the absence of a contract, the value of that work should be assessed on a quantum meruit basis. If the minds of parties who intend to do business with each other on the basis of obligations defined by a contract do not meet as to the fundamentals of what they will be required to do, a resolution of any dispute as to the value of work actually done must be measured on a quantum meruit basis ..." (McCabe Builders (Dublin) Ltd v. Sagamu Developments Ltd [2007] IEHC 391, 23 November 2007) Fri, 27 Aug 2010 08:18:04 GMT http://www.bailii.org/ie/cases/IEHC/2007/H391.html http://www.bailii.org/ew/cases/EWHC/Ch/2009/1330.html ".... In the absence of any contractual or equitable entitlement to the one-third of Weather II which is claimed, it is common ground that Mr Benedetti is nonetheless entitled to receive reasonable remuneration for the services which he has performed. The task for the court is to put a value on those services ..." (Benedetti v. Sawiris [2009] EWHC 1330 (Ch), 15 June 2009) Fri, 27 Aug 2010 08:17:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2009/1330.html http://www.bailii.org/ew/cases/EWHC/QB/2009/2855.html "...The claim against the Defendant is for dishonest assistance in a breach of trust or fiduciary duty by ECSL. The Claimants also say that the Defendant is in breach of fiduciary duty. During the course of the trial the Claimants abandoned the allegation that the Defendant was yet further in breach of a duty of care in tort ..." (Fitzalan-Howard (Norfolk) v. Hibbert [2009] EWHC 2855 (QB), 12 November 2009) Fri, 27 Aug 2010 08:16:04 GMT http://www.bailii.org/ew/cases/EWHC/QB/2009/2855.html http://www.canlii.org/en/on/onca/doc/2009/2009onca595/2009onca595.html "Mr. Seguin and Ms. Vanasse lived in a common law relationship for approximately 12 years. They have two children, aged 10 and 8. When the relationship ended, Vanasse claimed spousal support, child support, and compensation for unjust enrichment. At trial, Vanasse was awarded $5,472 per month in child support and $3,800 per month in spousal support until June 2015, for a total of approximately $111,000 per year in support. She was also awarded a monetary award for unjust enrichment in the amount of $996,500. In addition, the trial judge ordered Seguin to pay trial costs of $55,988 ..." (Vanasse v. Seguin, 2009 ONCA 595) Fri, 27 Aug 2010 08:15:04 GMT http://www.canlii.org/en/on/onca/doc/2009/2009onca595/2009onca595.html http://www.canlii.org/en/ca/scc/doc/2009/2009scc48/2009scc48.html "Torts — Negligence — Fiduciary duty — Bookkeeper making unsolicited and voluntary cash advances to employer law firm which was experiencing financial difficulties — Law firm acting on bookkeeper’s behalf in preparing two wills and in handling two mortgage transactions while she was working for it — Law firm going bankrupt and bookkeeper finding herself unsecured creditor — Whether duty of care under negligence principles or per se fiduciary obligations arose within solicitor client relationship — Whether ad hoc fiduciary duties arose from power dependency relationship existing between bookkeeper and lawyer — Whether in such relationships, fiduciary duties may arise simply on basis of reasonable expectations of weaker party and without any mutual understanding of both parties that one must act in interests of the other — Whether fiduciary duties may arise although fiduciary has no discretionary power to affect other party’s legal or important practical interests." (Galambos v. Perez, 2009 SCC 48) Fri, 27 Aug 2010 08:14:04 GMT http://www.canlii.org/en/ca/scc/doc/2009/2009scc48/2009scc48.html http://www.taxresearch.org.uk/Blog/2009/10/02/when-is-a-tax-illegal/ "Well, when it’s ruled so by a relevant body. The EU did that to the UK yesterday. Mark Lee offers a thoughtful analysis here. So, the UK has made a mistake. And it could cost £20bn – a 10% increase in the deficit – 20% of the cost of the NHS for a year. To enrich banks ..." (Tax Research UK, 2 October 2009) Fri, 27 Aug 2010 08:13:04 GMT http://www.taxresearch.org.uk/Blog/2009/10/02/when-is-a-tax-illegal/ http://www.cearta.ie/2009/09/interesting-times-for-restitution-claims/ "May you live in interesting times. This is – apocryphally – an ancient Chinese curse. Whatever its provenance, the times are certainly interesting for those who seek restitution of taxes invalidly paid contrary to EU law. In Test Claimants in the FII Group Litigation v HM Revenue and Customs [2008] EWHC 2893 (Ch) (27 November 2008) Henderson J dealt with a series of issues arising in such claims, and in Test Claimants in the VIC Group Litigation; FJ Chalke Ltd and Anor v Revenue and Customs [2009] EWHC 952 (Ch) (08 May 2009) he held that EU law required compound interest to be paid on such claims ..." (Cearta, 28 September 2009) Fri, 27 Aug 2010 08:12:04 GMT http://www.cearta.ie/2009/09/interesting-times-for-restitution-claims/ http://jmortonmusings.blogspot.com/2009/07/quantifying-damages-for-unjust.html "Quantifying damages for unjust enrichment remains difficult. Today's Court of Appeal decision in Vanasse v.Seguin, 2009 ONCA 595 makes clear that the quantum is to be determined based on 'value received' ..." (Morton's Musings, 29 July 2009) Fri, 27 Aug 2010 08:11:04 GMT http://jmortonmusings.blogspot.com/2009/07/quantifying-damages-for-unjust.html http://www.bailii.org/ie/cases/IEHC/2008/H362.html "... The basis of the plaintiff’s claim at this juncture is that he is entitled to recover a reasonable sum for the works he did on a quantum meruit basis. The defendant’s contention is that, as there was a price agreed in this case, a claim on a quantum meruit basis cannot be maintained. The Court has had the benefit of written submissions from counsel for the plaintiff and counsel for the defendant ..." (Linnie v. Murphy [2008] IEHC 362, 13 November 2008) Fri, 27 Aug 2010 08:10:04 GMT http://www.bailii.org/ie/cases/IEHC/2008/H362.html http://www.bailii.org/uk/cases/UKPC/2010/3.html "This is an appeal from the Court of Appeal of the Eastern Caribbean Supreme Court, St Lucia. At issue in the appeal is the ownership of an undivided half share in a plot of agricultural land some 3.5 hectares in extent and situate at Jalousie, in the Quarter of Soufriere, St Lucia. The undivided half share in issue is that of Theresa Henry, the first appellant. The other undivided half share is vested in Marie Ann Mitchel, the second appellant. Marie Ann Mitchel's entitlement to her half share is not in dispute ..." (Henry v. Henry [2010] UKPC 3, 17 February 2010) Fri, 27 Aug 2010 08:09:04 GMT http://www.bailii.org/uk/cases/UKPC/2010/3.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1370290 "Abstract: Article 12 of the Rome II Regulation governs the non-contractual obligations arising out of dealings prior to the conclusion of a contract and establishes that the law applicable to these obligations shall be the law that applies to the contract. Where it is not possible to determine such law, the second paragraph of article 12 specifies the general connecting factors of Rome II Regulation ..." (Rafael Arenas García, 2008) Fri, 27 Aug 2010 08:08:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1370290 http://www.austlii.edu.au/au/journals/MULR/2009/14.html "Abstract: Although the concept of enrichment is fundamental to the law of unjust enrichment, there is relatively little case law on this issue. This is because most cases involve the receipt of money and, in general, money is regarded as incontrovertibly beneficial. Against this backdrop, the recent unanimous New South Wales Court of Appeal decision of Ford v Perpetual Trustees Victoria Ltd stands out as a singular opportunity for reflection on the nature of enrichment ..." (Elise Bant, 2009) Wed, 25 Aug 2010 08:08:04 GMT http://www.austlii.edu.au/au/journals/MULR/2009/14.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1564387 "Abstract: In this article, the author analyses the recent decision of the House of Lords in Chartbrook Ltd v Persimmon Homes Ltd concerning the law of contract interpretation and rectification. After explaining the difficult facts of the case and the reasons given by their Lordships for reversing the judgments of the lower courts on the interpretation issue, which were based on the plain meaning of the clause in dispute, the author discusses the further, albeit obiter, ruling that evidence of prior negotiations is inadmissible as an aid to interpretation ..." (David McLauchlan, 2009) Wed, 25 Aug 2010 08:07:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1564387 http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/1331.html "Catchwords: Workers Compensation; insurance; worker suffers workplace injury; worker is trainee under Australian Traineeship System; worker referred to dentist for treatment; dentist performs unnecessary and excessive treatment; treatment so inexcusably bad as to constitute novus actus interveniens; payments made to dentist by insurer; action by insurer in name of employer to recover monies paid to dentist; whether proceedings may be brought in name of employer; subrogation; restitution/unjust enrichment; contract; misleading or deceptive conduct; relief granted." (Advanced Arbor Services Pty Limited v. Phung [2009] NSWSC 1331, 2 December 2009) Wed, 25 Aug 2010 08:06:04 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/1331.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1476142 "Abstract: In Lumbers, the High Court held that a subcontractor could not obtain remuneration from the defendant (on whose land the subcontractor had performed building work) for services rendered pursuant to an arrangement between the subcontractor and head contractor. The Court adopted a retrograde approach to claims for a quantum meruit by focusing solely on whether there was a request by the defendant for the services. More soundly, the Court relied upon the principle that claims in restitution should not defeat a contractual allocation of risk. This case note argues that the Court’s reasoning is insensitive to the complexities that arise in determining quantum meruit claims in the context of services. The High Court's reinterpretation of the law of unjust enrichment in service-based claims as requiring a request has directed Australian law down the path of legal fiction and - consistently with other recent decisions deploring ‘top-down’ unjust enrichment reasoning - ignores the analysis of substance." (Michael Bryan, 2009) Wed, 25 Aug 2010 08:05:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1476142 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1411171 "Abstract: This article explores the options for dealing with the property rights of unmarried cohabitants. Increasing numbers of Canadians live together outside of marriage. Canada’s federal system has allowed considerable diversity in the determination of the property rights of these “common-law partners” on separation. Most provinces have not extended the coverage of the statutory family property rules to unmarried couples. However, some have. Still others have adopted a system of registered domestic partnerships. A final group have made explicit provision for unmarried couples to contract into the family property rules. The advantages and disadvantages of the various approaches are analyzed." (Berend Hovius, May 2009) Wed, 25 Aug 2010 08:04:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1411171 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1372314 "Abstract: This paper traces the origins of the criticisms of the mistake of law bar. The actual criticisms are well known and well rehearsed. What is less discussed is who first criticized the bar and how their arguments affected others and drove the increasing and then dominant view in England that the mistake of law bar had to be abolished. The paper argues that the most immediate influences came after the mid twentieth century with the publication of the first edition of Goff and Jones and the New Zealand Judicature (Amendment) Act 1958. The paper traces the influences on the book and the legislation and how the opposition to the bar then snowballed." (Duncan Sheehan, April 2009) Wed, 25 Aug 2010 08:03:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1372314 http://www.lawlink.nsw.gov.au/scjudgments/2010nswsc.nsf/6ccf7431c546464bca2570e6001a45d2/011c445e57f26b98ca25771c00065770 "EQUITY - general principles - unjust enrichment - second plaintiff paid workers compensation settlement to defendant without deducting monies owed to the Commonwealth - Centrelink had issued a Recovery Notice to the second plaintiff requesting the payment of $63,603.12 before the payment to the defendant - the second plaintiff paid this sum to Centrelink after payment to defendant - now seeks restitution - mistake of fact or law made by the second plaintiff's claims officer - miscalculation of sum to be paid to the defendant - no defence to claim - judgment entered for the plaintiffs in the amount of $63,603.12 plus interest accrued up to judgment" (Glad Cleaning Service Pty Ltd v. Vukelic [2010] NSWSC 422) Wed, 25 Aug 2010 08:02:04 GMT http://www.lawlink.nsw.gov.au/scjudgments/2010nswsc.nsf/6ccf7431c546464bca2570e6001a45d2/011c445e57f26b98ca25771c00065770 http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/10.html "RESTITUTION - moneys had and received - innocent, third party recipient of funds - defence of change of position - Lipkin Gorman (a firm) v Karpnale Ltd - funds lost in gambling or returned to initial recipient from plaintiff" (Chong v. Wu [2010] NSWCA 10, 2 March 2010) Wed, 25 Aug 2010 08:01:04 GMT http://www.austlii.edu.au/au/cases/nsw/NSWCA/2010/10.html http://www.austlii.edu.au/au/cases/vic/VSCA/2010/1.html "RESTITUTION and UNJUST ENRICHMENT – Whether lender prima facie entitled to restitution for total failure of consideration – Whether investors’ retention of funds unjust – Relevance of terms of unenforceable loan agreements – Their relationship to schemes as a whole – Whether trial judge erred in construction of loan agreements and factual findings – Whether action on the sole enforceable loan agreement statute-barred." (Haxton v. Equuscorp Pty Ltd [2010] VSCA 1, 29 January 2010) Wed, 25 Aug 2010 08:00:04 GMT http://www.austlii.edu.au/au/cases/vic/VSCA/2010/1.html http://www.nzlii.org/nz/cases/NZCA/2009/429.html "... Damages and an account of profits are alternative remedies. An account of profits was a form of relief granted by equity whereas damages were originally a purely common law remedy. As Windeyer J pointed out in Colbeam Palmer Ltd v Stock Affiliates Pty Ltd [(1968) [1968] HCA 50; 122 CLR 25, at 34] even now an account of profits retains its equitable characteristics in that a defendant is made to account for, and is then stripped of, profits which it has dishonestly made by the infringement and which it would be unconscionable for it to retain. An account of profits is confined to profits actually made, its purpose being not to punish the defendant but to prevent its unjust enrichment. The ordinary requirement of the principles of unjust enrichment that regard be paid to matters of substance rather than technical form is applicable ..." (Intellectual Property Development Corporation Pty Ltd v. Primary Distributors NZ Ltd [2009] NZCA 429, 23 September 2009) Wed, 25 Aug 2010 07:59:04 GMT http://www.nzlii.org/nz/cases/NZCA/2009/429.html http://www.austlii.edu.au/au/cases/nsw/NSWCA/2009/252.html "RESTITUTION - money had and received – liability of volunteer recipient of misappropriated funds for the traceable proceeds held at the time of the trial – liability separate from liability in equity as a constructive trustee under Barnes v Addy – recognition at law of an equitable interest in property – personal remedy to value of equitable property interest in property in hands of another - liability for proceeds remaining not for amount received" (Heperu Pty Limited v. Belle [2009] NSWCA 252, 26 August 2009) Wed, 25 Aug 2010 07:58:04 GMT http://www.austlii.edu.au/au/cases/nsw/NSWCA/2009/252.html http://www.austlii.edu.au/au/cases/qld/QCA/2009/125.html "FAMILY LAW AND CHILD WELFARE – DE FACTO RELATIONSHIPS – ADJUSTMENT OF PROPERTY INTERESTS – SEPARATION AGREEMENTS – where undisputed facts demonstrate appellant financially dominated respondent – where appellant challenged findings of primary judge that failed to give effect to plainly unfair agreements between parties – whether primary judge erred in the exercise of discretion to make property adjustment orders" (SPD v. DRH [2009] QCA 125, 15 May 2009) Wed, 25 Aug 2010 07:57:04 GMT http://www.austlii.edu.au/au/cases/qld/QCA/2009/125.html http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/413.html "REAL PROPERTY - claim for contribution for improvements carried out on property – equitable accounting – defendant conceded that plaintiff entitled to claim contribution for reasonable value of work he personally performed – plaintiff entitled to contribution from defendant for his expenditure and for expenditure saved by plaintiff’s personally performing work to the extent the expenditure made or saved added value to property – question whether plaintiff entitled to contribution for work done personally not decided in light of defendant’s concession" (Maio v. Sacco [2009] NSWSC 413, 21 May 2009) Wed, 25 Aug 2010 07:56:04 GMT http://www.austlii.edu.au/au/cases/nsw/NSWSC/2009/413.html http://www.austlii.edu.au/au/cases/qld/QSC/2009/117.html "EQUITY – TRUSTS AND TRUSTEES – POWERS, DUTIES, RIGHTS AND LIABILITIES OF TRUSTEES – INDEMNITY, LIEN AND REIMBURSEMENT – GENERAL PRINCIPLES – where applicant is registered owner as trustee of land – where judgment awarded against applicant for liability incurred as trustee – nature of applicant’s right of indemnity out of trust assets – whether respondent creditor may be subrogated to the applicant trustee’s right of exoneration or lien" (Zen Ridgeway Pty Ltd v. Adams [2009] QSC 117, 20 May 2009) Wed, 25 Aug 2010 07:55:04 GMT http://www.austlii.edu.au/au/cases/qld/QSC/2009/117.html http://www.austlii.edu.au/au/cases/vic/VSC/2009/205.html "PROPERTY – De facto relationship – Application for adjustment of property interests under Part IX of the Property Law Act 1958 (Vic) – financial and non-financial contributions" (Worboyes v. Vieth [2009] VSC 205, 27 May 2009) Wed, 25 Aug 2010 07:54:04 GMT http://www.austlii.edu.au/au/cases/vic/VSC/2009/205.html http://www.austlii.edu.au/au/cases/vic/VSC/2009/208.html "PROPERTY – De facto relationship – Adjustment of property interests under Part IX of the Property Law Act 1958 (Vic) - Relevant principles – Adjustment order made" (Kalenik v. Apostolidis [2009] VSC 208, 29 May 2009) Wed, 25 Aug 2010 07:53:04 GMT http://www.austlii.edu.au/au/cases/vic/VSC/2009/208.html http://www.austlii.edu.au/au/cases/cth/HCA/2009/21.html "Equity – Doctrine of contribution – 'Co-ordinate liability' – Appellant and respondent company directors – Respondent personally borrowed money which was on-lent to the company – Company ceased trading – Respondent sought funds from appellant to repay personal loan – Whether fiduciary relationship existed between the two – Whether co-ordinate liability existed so as to require equitable contribution from appellant." (Friend v. Brooker [2009] HCA 21, 28 May 2009) Wed, 25 Aug 2010 07:52:04 GMT http://www.austlii.edu.au/au/cases/cth/HCA/2009/21.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1636295 “This chart shows the trend in Nazi-looted art cases since the 2004 landmark Altmann case in the United States Supreme Court. It will be updated as significant events occur.” (Jennifer Anglim Kreder, July 2010) Wed, 25 Aug 2010 07:51:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1636295 http://www.telegraph.co.uk/culture/art/art-news/7960325/Egon-Schiele-artwork-stolen-by-Nazis-returned-to-Austria.html "A 12-year battle over the possession of a painting that was stolen from a Jewish Austrian by the Nazis came to a close today when the work by Austrian expressionist Egon Schiele was displayed at a Vienna museum ..." (Daily Telegraph, 23 August 2010) Wed, 25 Aug 2010 07:50:04 GMT http://www.telegraph.co.uk/culture/art/art-news/7960325/Egon-Schiele-artwork-stolen-by-Nazis-returned-to-Austria.html http://www.ncbusinesslitigationreport.com/2010/02/articles/watching-the-court/claim-over-eighty-year-old-stock-certificate-dismissed-based-on-laches/ "The Plaintiff in Stratton v. Royal Bank of Canada, 2010 NCBC 2 (N.C. Super. Ct. February 5, 2010) thought she had struck it rich. She had found a 1927 stock certificate in the name of her late mother for five shares of stock in the Bank of Manteo. Plaintiff's calculation was that her mother's shares of stock, following various mergers, were the equivalent of 14,486 shares of RBC common stock. That's about $765,000 ..." (North Carolina Business Litigation Report, 10 February 2010) Tue, 24 Aug 2010 09:23:04 GMT http://www.ncbusinesslitigationreport.com/2010/02/articles/watching-the-court/claim-over-eighty-year-old-stock-certificate-dismissed-based-on-laches/ http://telegraphashbylaw.blogspot.com/2010/02/deposit-on-14-million-house-has-to-be.html "Does a seller of a $14 million dollar house get to keep a $620,000 deposit from a buyer who backs out? How about if the Seller immediately sells the house to a backup buyer for 15 million? Does it make a difference that these were sophisticated parties who had described the deposit as 'non-refundable?' ..." (Law Bear, 20 February 2010) Tue, 24 Aug 2010 09:22:04 GMT http://telegraphashbylaw.blogspot.com/2010/02/deposit-on-14-million-house-has-to-be.html http://www.cearta.ie/2010/07/unjust-enrichment-and-public-law/ "I’ve just received news of the publication of the eagerly-awaited: Unjust Enrichment and Public Law. A Comparative Study of England, France and the EU by Rebecca Williams. 'This book examines claims involving unjust enrichment and public bodies in France, England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich v IRC [1993] AC 70 (HL), those resulting from the decision of the European Court of Justice (ECJ) in Case C-410/98 Metallgesellschaft and Hoechst v IRC [2001] ECR I–4727, [2001] EUECJ C-410/98, [2001] Ch 620 (8 March 2001) and those involving Local Authority swaps transactions ...'" (Cearta, 6 July 2010) Tue, 24 Aug 2010 09:21:04 GMT http://www.cearta.ie/2010/07/unjust-enrichment-and-public-law/ http://overpaidtaxconference.com/2010/07/01/the-low-down-on-hastings-bass/ "In Jiggens v Low [2010] EWHC 1566 (Ch) (29 June 2010), Roth J held that, although the principle in Hastings-Bass derives its name from the decision of the Court of Appeal in Re Hastings-Bass, deceased; Hastings v Inland Revenue [1974] EWCA Civ 13, [1975] Ch 25 (14 March 1974), the principle was comprehensively analysed and articulated more recently by Lloyd LJ, sitting as a judge of the High Court, in Sieff v Fox [2005] EWHC 1312 (Ch), [2005] 1 WLR 3811 (23 June 2005) ..." (Restitution of Overpaid Tax, 1 July 2010) Tue, 24 Aug 2010 09:20:04 GMT http://overpaidtaxconference.com/2010/07/01/the-low-down-on-hastings-bass/ http://www.cearta.ie/2010/06/when-is-a-corrupt-enrichment-is-not-necessarily-unjust/ "My attention was drawn today to the fascinating decision of Feeney J in Criminal Assets Bureau v JWPL [2007] IEHC 177 (24 May 2007), in which the nature of an action for restitution of unjust enrichment was discussed. The basic question was whether the common law action in unjust enrichment was analogous to a statutory action taken by the Criminal Assets Bureau (CAB) to confiscate a defendant’s 'corrupt enrichment' ..." (Cearta, 25 June 2010) Tue, 24 Aug 2010 09:19:04 GMT http://www.cearta.ie/2010/06/when-is-a-corrupt-enrichment-is-not-necessarily-unjust/ http://irishlawforum.blogspot.com/2010/06/recovering-excess-payments-from.html "I had blogged previously (see exhibit no. 2 in that post) about an article in the Independent about two lawyers for the state refusing to return money paid to them in error. The state agency did not try too hard to get the money (eur. 1 million) back. Now comes news in the same paper about the state trying to recover money paid in error to pensioners ..." (Irish Law Forum, 14 June 2010) Tue, 24 Aug 2010 09:18:04 GMT http://irishlawforum.blogspot.com/2010/06/recovering-excess-payments-from.html http://irishlawforum.blogspot.com/2010/03/wanna-get-rich-become-lawyer.html "... The State has taken no action to recover €1m which was overpaid to two tribunal lawyers due to a typing error. The PAC's chairman, Fine Gael TD Bernard Allen, said taxpayers had been 'milked on this one'. He contrasted the failure to recover the overpayment of €1m with what would happen to someone on social welfare who was overpaid €20. The typing error was discovered shortly after a fax was sent to the lawyers agreeing the fee. ..." (Irish Law Forum, 26 March 2010) Tue, 24 Aug 2010 09:17:04 GMT http://irishlawforum.blogspot.com/2010/03/wanna-get-rich-become-lawyer.html http://blog.lblaw.co.uk/an-insight-into-the-complicated-topic-of-proprietary-estoppel-191/ "The legal world is never boring or straightforward as the case of Cook-v-Thomas demonstrates; it highlights the difficulties faced by occupiers of land seeking to claim a legal interest on the basis of the principles of proprietary estoppel and constructive trust. The claimant, Mrs Cook (now aged 92) and her husband acquired a farm in Ross-on-Wye in 1959. Their daughter Pauline (now aged 60), the First Defendant worked on the farm and ran a riding school ..." (Lanyon Bowdler Solicitors Blog, 6 April 2010) Tue, 24 Aug 2010 09:16:04 GMT http://blog.lblaw.co.uk/an-insight-into-the-complicated-topic-of-proprietary-estoppel-191/ http://skepticlawyer.com.au/2010/04/06/finders-keepers/ "You remember the school yard taunt, don’t you? 'Finders keepers, losers weepers!' Well, I think it’s my duty as a sometime teacher of Property Law to warn the public that it’s not quite accurate. This came to my mind because of a story I read in the Herald Sun today: 'A couple will be charged on summons with theft by finding for failing to return in excess of $100,000 left in a suitcase they bought from a Salvation Army shop. Police have confirmed a 43-year-old man and 34-year-old woman from Berwick will be charged with theft by finding after allegedly discovering the cash and siphoning it away.' ..." (SkepticLawyer, 6 April 2010) Tue, 24 Aug 2010 09:15:04 GMT http://skepticlawyer.com.au/2010/04/06/finders-keepers/ http://trustest.jotwell.com/saving-us-from-ourselves-reforming-the-fiduciary-duty-of-loyalty/ "In the wake of disaster, we as a species invariably reach out with untold generosity, donating vast amounts of cash and supplies to assist the victims. And, just as invariably, at least some of the charitable organizations through which most of us funnel our compassion will drop the ball through some form of mismanagement. In the past twenty years, the relief efforts following almost every major disaster – spring flooding in the Midwest, mudslides and wildfires on the West Coast, hurricanes throughout the Gulf of Mexico, tsunamis in the South Pacific, and, most famously, Katrina – have been plagued by reports of mismanagement ranging from lack of meaningful oversight to outright embezzlement ..." (Jotwell, 30 March 2010) Tue, 24 Aug 2010 09:14:04 GMT http://trustest.jotwell.com/saving-us-from-ourselves-reforming-the-fiduciary-duty-of-loyalty/ http://www.kostrolaw.com/NJFamilyIssues/2010/03/17/recovery-on-quantum-meruit-for-legal-services-rendered/ "The application of contract principles supports a finding that a letter was not an enforceable contract if there is no proof of affirmative consent to the terms of the retainer letter by each ‘client’. County of Morris v. Fauver, 153 N.J. 80, 96 (1998). However, the applicable theory of recovery can be quantum meruit, a form of quasi-contractual recovery that is available when the requirements of an enforceable contract are not met ..." (NJ Family Issues, 17 March 2010) Tue, 24 Aug 2010 09:13:04 GMT http://www.kostrolaw.com/NJFamilyIssues/2010/03/17/recovery-on-quantum-meruit-for-legal-services-rendered/ http://www.cearta.ie/2010/02/espionage-is-a-serious-business-freedom-of-speech-and-restitutionary-remedies/ "Over sixty years ago, the Faculty of Laws at University College London established the Current Legal Problems lecture series and accompanying annual volume as a major reference point for a broad range of legal scholarship opinion, theory, methodology, and subject matter, with an emphasis upon contemporary developments of law. The lectures are held at the Faculty of Law, Bentham House, Endsleigh Gardens, London WC1 from 6-7pm; they are open to the public and free of charge ..." (Cearta, 2 February 2010) Tue, 24 Aug 2010 09:12:04 GMT http://www.cearta.ie/2010/02/espionage-is-a-serious-business-freedom-of-speech-and-restitutionary-remedies/ http://www.artmarketmonitor.com/2010/01/08/sothebys-brokers-a-restitution-deal/ "Peter Aspden in the Financial Times details the path to auction that this Gustav Klimt painting took to satisfy a restitution claim. With $90m in works sold at Sotheby’s alone in 2009, restitution has become a fruitful vineyard for the auction houses ..." (Art Market Monitor, 8 January 2010) Tue, 24 Aug 2010 09:11:04 GMT http://www.artmarketmonitor.com/2010/01/08/sothebys-brokers-a-restitution-deal/ http://www.artmarketmonitor.com/2010/01/07/lloyd-webber-restitution-issue-resolved/ "The BBC News is reporting that Andrew Lloyd Weber’s foundation has settled the restitution claim with the heirs of Paul von Mendelssohn-Batholdy. When the work was originally to be sold at Christie’s estimates gave it value around $60m ..." (Art Market Monitor, 7 January 2010) Tue, 24 Aug 2010 09:10:04 GMT http://www.artmarketmonitor.com/2010/01/07/lloyd-webber-restitution-issue-resolved/ http://ancientemporium.blogspot.com/2009/12/elgin-british-museum-and-greek-claims.html "In December of 1798, Thomas Bruce, the seventh Earl of Elgin, became the newly appointed 'Ambassador Extraordinary and Minister Plenipotentiary of His Britannic Majesty to the Sublime Porte of Selim III, Sultan of Turkey', with whom England had recently forged an alliance against the French ..." (Ancient Emporium, January 2010) Tue, 24 Aug 2010 09:09:04 GMT http://ancientemporium.blogspot.com/2009/12/elgin-british-museum-and-greek-claims.html http://www.thecourt.ca/2009/12/01/division-of-property-in-common-law-relationships/ "On August 27 of this year, the Supreme Court of Canada granted leaved to appeal in Kerr v. Baranow, 2009 BCCA 111, a family law case concerning the application of the equitable doctrine of resulting trust. In this case, the parties commenced their common-law relationship in 1981, when Ms. Kerr was in a financial crisis due to the breakdown of her previous marriage. Among the many debts outstanding was the mortgage on her home. Mr. Baranow paid off the mortgage on the home to protect it from foreclosure; Kerr then transferred title to the home to Baranow, and the parties moved into it ..." (The Court, 1 December 2009) Tue, 24 Aug 2010 09:08:04 GMT http://www.thecourt.ca/2009/12/01/division-of-property-in-common-law-relationships/ http://www.metro.co.uk/news/778295-tescos-blunder-over-1m-bike-bill "Britain's biggest retailer is now fighting to get its money back following the embarrassing error by its finance team. The supermarket chain claims it should have paid Universal Cycles, a subsidiary of Sports Direct, £984 for six Muddy Fox suspension bikes - but shelled out £984,000 instead ..." (Metro, 26 November 2009) Tue, 24 Aug 2010 09:07:04 GMT http://www.metro.co.uk/news/778295-tescos-blunder-over-1m-bike-bill http://www.chicagoiplitigation.com/2009/10/articles/trial/trademark-claims-sounding-in-unjust-enrichment-not-entitled-to-a-trial-by-jury/ "SPSS Inc. v. Nie, No. 08 C 66, Slip Op. (N.D. Ill. Aug. 19, 2009) (Darrah, J.) Judge Darrah granted plaintiff SPSS's motion to strike defendants' jury demand on their counterclaim. Defendants' claims for an injunction and destruction of items bearing the trademark were equitable and, therefore, not triable by a jury. And defendants' claim for attorney's fees is also not triable by a jury ..." (Chicago IP Litigation Blog, 26 October 2009) Tue, 24 Aug 2010 09:06:04 GMT http://www.chicagoiplitigation.com/2009/10/articles/trial/trademark-claims-sounding-in-unjust-enrichment-not-entitled-to-a-trial-by-jury/ http://skepticlawyer.com.au/2009/11/15/proceeds-of-crime-in-trouble/ "The High Court is on fire at the moment. It has handed down a case declaring certain procedures under the Criminal Assets Recovery Act 1990 (NSW) as unconstitutional: International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49. Put shortly, Acts such as these allow the government to effectively force disgorgement of profit earned as a result of criminal enterprise. Of course, being the gain-based damages freak I am, I don’t have a problem with causing people to cough up ill-gotten gains as long as the procedures are appropriately handled. But from this case, I suspect the new High Court will be less predictable than of yore ..." (SkepticLawyer, 15 November 2009) Tue, 24 Aug 2010 09:05:04 GMT http://skepticlawyer.com.au/2009/11/15/proceeds-of-crime-in-trouble/ http://illicit-cultural-property.blogspot.com/2009/11/holocaust-stolen-art-restitution-act.html "New legislation which took effect on Friday will allow national museums in England and Scotland to act to return works of art, based on the recommendations of the Spoliation Advisory Panel. The panel resolves claims arising from the loss of objects to the Nazis. There have been nine instances of wrongful takings in which claimants were compensated, yet the national institutions have been forbidden from returning objects outright. The only remedy was payment ..." (Illicit Cultural Property, 16 November 2009) Tue, 24 Aug 2010 09:04:04 GMT http://illicit-cultural-property.blogspot.com/2009/11/holocaust-stolen-art-restitution-act.html http://blog.bluestonelawfirm.com/legal-malpractice-news-legal-malpractice-and-naziconfiscated-art.html "Any place there are disputes over anything, legal malpractice questions lurk. One is reminded of the New Yorker cartoon in which a 4 year old has dropped his ice cream cone, only to have an adult ask if he needs an attorney ..." (New York Attorney Malpractice Blog, 10 November 2009) Tue, 24 Aug 2010 09:03:04 GMT http://blog.bluestonelawfirm.com/legal-malpractice-news-legal-malpractice-and-naziconfiscated-art.html http://www.cearta.ie/2009/11/tory-island-and-unjust-enrichment-%E2%80%93-the-conclusion/ "I wrote last April and again last July about the case brought by film-maker Neville Presho, whose holiday home on Tory Island had disappeared in his absence, replaced by a car park for an adjacent hotel. In July, Murphy J held that Mr Presho was entitled to a comparable dwelling on the island or its market value ..." (Cearta, 9 November 2009) Tue, 24 Aug 2010 09:02:04 GMT http://www.cearta.ie/2009/11/tory-island-and-unjust-enrichment-%E2%80%93-the-conclusion/ http://skepticlawyer.com.au/2009/11/09/o-mistress-mine/ "I was fascinated to see that the first case under the new s 4AA of the Family Law Act 1975 (Cth) has been settled out of court. According to the recent article in the Herald Sun: 'A cheating husband has paid his former lover more than $100,000 under Australia’s new 'mistress laws'. In the first known case of its kind in Victoria, the Melbourne businessman was sued under changes to the Family Law Act - which gives rights to people in de facto relationships and same-sex marriages ..." (SkepticLawyer, 9 November 2009) Tue, 24 Aug 2010 09:01:04 GMT http://skepticlawyer.com.au/2009/11/09/o-mistress-mine/ http://www.vosizneias.com/41172/2009/11/02/israel-israeli-banks-still-fighting-heirs-of-holocaust-restitution/ "Israel - In recent years European banks have begun paying millions of dollars to the families of Holocaust victims whose assets were dormant in bank coffers after the war. But one country where banks are still fighting claims for restitution is Israel. Thousands of European Jews opened accounts in the Holy Land before or during the war. They have gone but their wealth lives on, in the banks ..." (Vos Iz Neias?, 2 November 2009) Tue, 24 Aug 2010 09:00:04 GMT http://www.vosizneias.com/41172/2009/11/02/israel-israeli-banks-still-fighting-heirs-of-holocaust-restitution/ http://www.expatica.com/nl/news/local_news/After-Klimt_-Vienna-museum-fears-restitution-of-stolen-Vermeer--_57167.html "Vienna -- Three years after a Vienna museum had to restore five Klimt paintings stolen by the Nazis to their Jewish owners, the city's art museum is fearing the same fate for a piece by Vermeer. Austria's culture ministry said that it had received a request for the restitution of ‘The Art of Painting’ by 17th-century Flemish artist Johannes Vermeer, which has been on display at the Kunsthistorisches Museum (KHM) since 1946 ..." (Expatica, 18 October 2009) Tue, 24 Aug 2010 08:59:04 GMT http://www.expatica.com/nl/news/local_news/After-Klimt_-Vienna-museum-fears-restitution-of-stolen-Vermeer--_57167.html http://ontariorealestatesource.blogspot.com/2009/10/common-law-marriages-and-ontario-family.html "True common law marriages are just like every other marriage. However, they are very rare. Oddly, the expression 'to live common law' refers to a marriage of presumption in England. If two people (definitely opposite sex at the time) lived together continuously for a period of 7 years, it was then assumed that they had gone through a legal marriage (and had lost the documents), unless it could be proven that this was not the case ..." (Ontario Real Estate, 22 October 2009) Tue, 24 Aug 2010 08:58:04 GMT http://ontariorealestatesource.blogspot.com/2009/10/common-law-marriages-and-ontario-family.html http://skepticlawyer.com.au/2008/11/25/restitution-lawyers-of-australia-be-on-notice/ "There may be a whole string of cases coming your way?! In news today, it was reported that the Commonwealth Bank online banking has been thrown into chaos: 'Turmoil has hit the Commonwealth Bank’s online banking system after it duplicated customer transactions. The double-up, caused by an overnight processing error, has affected NetBank customers, the bank said this morning. It is not yet known how many customers are affected ..." (SkepticLawyer, 25 November 2008) Tue, 24 Aug 2010 08:57:04 GMT http://skepticlawyer.com.au/2008/11/25/restitution-lawyers-of-australia-be-on-notice/ http://skepticlawyer.com.au/2009/10/19/when-is-a-trust-not-a-trust/ "Via the Restitution Discussion Group (yes, there really is such a thing), I hear that the Australian High Court has indulged in yet another snark at unjust enrichment. Is it just me, or are these self-righteous little rants getting boring? The case is Bofinger v Kingsway Group Limited [2009] HCA 44. The issue raised is an interesting one for this ex-banking litigator. The facts are as follows. B and B Holdings Limited (‘B and B’) was a company which owned certain real property ..." (SkepticLawyer, 19 October 2009) Tue, 24 Aug 2010 08:56:04 GMT http://skepticlawyer.com.au/2009/10/19/when-is-a-trust-not-a-trust/ http://www.kostrolaw.com/NJFamilyIssues/2009/10/16/the-n-j-supreme-court-justices-ponder-the-effect-of-a-litigants-untimely-demise-on-his-right-to-assert-equitable-remedies/ "Death and divorce were at loggerheads at the state Supreme Court on Tuesday [10/13/2009], as the justices pondered the effect of a litigant’s untimely demise on his right to assert equitable remedies. The question in Kay v. Estate of Kay is whether the decedent’s executor can block the surviving spouse from withdrawing assets from his estate if it would result in unjust enrichment ..." (NJ Family Issues, 16 October 2009) Tue, 24 Aug 2010 08:55:04 GMT http://www.kostrolaw.com/NJFamilyIssues/2009/10/16/the-n-j-supreme-court-justices-ponder-the-effect-of-a-litigants-untimely-demise-on-his-right-to-assert-equitable-remedies/ http://www.cearta.ie/2009/10/subrogation-and-unjust-enrichment-in-the-high-court-of-australia/ "By means of the doctrine of subrogation, one person is substituted for another in the exercise of that other’s rights against a third person. In the classic triangular fact pattern, it arises where a creditor has rights against a debtor, and the claimant is subrogated to the rights of the creditor against the debtor. It is a doctrine which admits of many possible explanations. For example, on the view taken by Meagher, Gummow and Lehane, subrogation largely follows a similar pattern in a series of otherwise unconnected islands: they are content to set out the categories, which, for them, are not closed, and to conclude that there are no universally applicable criteria for the intervention of equity in such cases ..." (Cearta, 19 October 2009) Tue, 24 Aug 2010 08:54:04 GMT http://www.cearta.ie/2009/10/subrogation-and-unjust-enrichment-in-the-high-court-of-australia/ http://sofiaecho.com/print.php?storyid=794817 "Bulgaria's former monarch and former prime minister Simeon Saxe-Coburg has hit back at allegations by state officials who say that he will face court action because he had been given double the awards he was entitled to under the country's post-communist property restitution process. In an interview published by Israeli Maariv newspaper on October 5 2009, Saxe-Coburg referred to criticism that his motivation to return to Bulgaria in 2001 to enter politics -- in that year, the former exile won a landslide victory in parliamentary elections and became prime minister -- was so that he could have had former crown property handed to him ..." (Sofia Echo, 5 October 2009) Tue, 24 Aug 2010 08:53:04 GMT http://sofiaecho.com/print.php?storyid=794817 http://www.cearta.ie/2009/10/share-and-share-alike-restitution-on-overpaid-stamp-duty-reserve-tax/ "Cases from the European Court of Justice, holding that national tax provisions are inconsistent with EU law, just seem to keep on coming. The most recent is a decision of the ECJ yesterday in Case C-569/07 HSBC Holdings plc and Vidacos Nominees Ltd v The Commissioners of Her Majesty’s Revenue and Customs, which held that the levying of stamp duty reserve tax on a transfer of shares in France as part of a cross-border acquisition, pursuant to section 96 of the Finance Act 1986, was inconsistent with EU law (in particular, Article 11(a) of Council Directive 69/335/EEC of 17 July 1969 (pdf) concerning indirect taxes on the raising of capital, as amended by Council Directive 85/303/EEC of 10 June 1985) ..." (Cearta, 2 October 2009) Tue, 24 Aug 2010 08:52:04 GMT http://www.cearta.ie/2009/10/share-and-share-alike-restitution-on-overpaid-stamp-duty-reserve-tax/ http://historo.wordpress.com/2009/09/30/new-documents-submitted-by-simeon-of-bulgaria-royal-property-restitution/ "This post has initially been published in Diana Madache’s weblog on royal history and deals with the increasingly difficult issues of property restitution faced by the King of Bulgaria and his family in their quest to recover abusively confiscated property during the communist regime. There is stiff opposition against restitution by many political circles in Bulgaria, especially from parties situated at the extremes of the political spectrum: communists and nationalists alike ..." (Valentin Mandache's weblog, 30 September 2009) Tue, 24 Aug 2010 08:51:04 GMT http://historo.wordpress.com/2009/09/30/new-documents-submitted-by-simeon-of-bulgaria-royal-property-restitution/ http://www.independent.co.uk/opinion/commentators/adam-zamoyski-restitution-will-benefit-the-public-more-than-the-heirs-1242589.html "I am entirely with Norman Rosenthal when he says that it is a little late for restitution of Nazi loot and that the issue should be laid to rest after all this time. As he says, history is history, and a line does have to be drawn somewhere. The only problem is, where? Many direct victims of Nazi looting tried to reclaim their property in the late 1940s and early 1950s. But they came up against a wall of dishonesty and contempt on the part of collectors, auction houses, museum curators and dealers, who ducked and delayed in the hope that the problem would go away ..." (Independent, 9 January 2009) Tue, 24 Aug 2010 08:50:04 GMT http://www.independent.co.uk/opinion/commentators/adam-zamoyski-restitution-will-benefit-the-public-more-than-the-heirs-1242589.html http://www.artmarketmonitor.com/2009/09/14/swiss-law-prevents-restitution/ "A Swiss town that was bequeathed a Constable landscape on the condition that it remain in a specific room in the city museum and part of a collection that could not be split up believes it is bound by those restrictions and cannot return the $1m painting that was once owned by a ex-patriot British Jew living in Vichy France, the Associated Press reports ..." (Art Market Monitor, 14 September 2009) Tue, 24 Aug 2010 08:49:04 GMT http://www.artmarketmonitor.com/2009/09/14/swiss-law-prevents-restitution/ http://www.artmarketmonitor.com/2009/09/10/two-restitution-cases-advance/ "Claude Cassirer, an 88-year-old San Diego photographer, won an US Appeals court ruling that will allow his restitution case against the Thyssen-Bornemsiza Museum to move forward once a judge rules whether he has to sue in Spain or Germany first to have his mother’s Pissarro returned, according to the LA Times’s Mike Boehm ..." (Art Market Monitor, 10 September 2009) Tue, 24 Aug 2010 08:48:04 GMT http://www.artmarketmonitor.com/2009/09/10/two-restitution-cases-advance/ http://www.out-law.com/page-10365 "Online retailers can only charge a consumer for the use they made of a product which they then returned if it was used in bad faith or for 'unjust enrichment', the European Court of Justice (ECJ) has said. The Court said that in all other circumstances retailers cannot make a charge for the use of returned goods ..." (OUT-LAW, 10 September 2009) Tue, 24 Aug 2010 08:47:04 GMT http://www.out-law.com/page-10365 http://lawisanass-wingate.blogspot.com/2009/08/peter-birks-and-unjust-enrichment.html "I met up with Peter Birks in 1999.I was with Sir Peter Tapsell at the end of our journey that saw us drive all the way from India to London, or Oxford University actually. Here we were talking over the points of my appeal to the Privy Council. Peter Birks was a consultant to my company Arklow Investments. This article covers the problems Birks saw in the uncertainty of equity as we were to find out. This was the man who inspired my 2007 paper, Equity vs Legislation ..." (Law Management, 25 August 2009) Tue, 24 Aug 2010 08:46:04 GMT http://lawisanass-wingate.blogspot.com/2009/08/peter-birks-and-unjust-enrichment.html http://endiscomingblog.com/?p=215 "From 1933 to 1945, the Nazi administration of Germany orchestrated the greatest looting operation in History. Well into the Second World War, great works of European art were being brought back to the Reich to either decorate sumptuous halls or to fuel impressive bonfires. These forgotten victims of World War II were the subject of the 2006 documentary film 'The Rape of Europa' based on the book by the same name ..." (The End is Coming, 6 August 2009) Tue, 24 Aug 2010 08:45:04 GMT http://endiscomingblog.com/?p=215 http://houseonahill.net/theft-and-unjust-enrichment/ "Last Friday, we had pizza delivered at home. When I placed the order over the telephone, I specifically asked for change for a thousand pesos. When the delivery guy arrived, he had no change with him. Sam had the exact amount and offered to pay. I replaced the one thousand peso bill inside the right pocket of my shorts and forgot about it. A few days later, Speedy brought the dirty clothes to the laundromat, including the shorts with the thousand peso bill in the pocket ..." (House on a hill, 30 July 2009) Tue, 24 Aug 2010 08:44:04 GMT http://houseonahill.net/theft-and-unjust-enrichment/ http://www.cearta.ie/2009/07/restitution-of-overpaid-vat-clouds-and-silver-linings/ "EU law has thrown up some very abstruse issues, none more so that the compatibility of national VAT regimes with European VAT Directives. Where there has been a charge to tax pursuant to national rules which infringe EU law, then that overpayment of tax can be recovered. Sometimes the issue concerns a relatively straightforward overpayment ..." (Cearta, 23 July 2009) Tue, 24 Aug 2010 08:43:04 GMT http://www.cearta.ie/2009/07/restitution-of-overpaid-vat-clouds-and-silver-linings/ http://www.elginism.com/20090722/2275/ "The initial history of the Elgin Marbles in this article is over-charitable to Lord Elgin (who had for instance never visited Athens at the time that he instructed the removal of the sculptures from the Parthenon to start). The key point to consider though is that no precedent would necessarily be set by the reunification of the surviving Parthenon Sculptures in Athens. It has long been understood that in cases such as this, each case is assessed on its own strengths and weaknesses ..." (Elginism, 22 July 2009) Tue, 24 Aug 2010 08:42:04 GMT http://www.elginism.com/20090722/2275/ http://ohioconstructionandcommerciallawblog.blogspot.com/2009/07/unjust-enrichment-equitible-relief-for.html "Many of my clients fail to recognize that the law does recognize equitable forms of relief when they can not prove the existence of a contract. This is known in the law as 'equitable' relief. A perfect example is the typical law school example where the contractor paints the wrong house. He has rendered a benefit to the homeowner but there is not privity of contract between the contractor and the owner. This type of equitable relief is known 'Unjust Enrichment' ..." (Ohio Construction and Commercial Law Blog, 20 July 2009) Tue, 24 Aug 2010 08:41:04 GMT http://ohioconstructionandcommerciallawblog.blogspot.com/2009/07/unjust-enrichment-equitible-relief-for.html http://www.cearta.ie/2009/07/tory-island-and-unjust-enrichment-continued/ "I wrote in April about the case brought by film-maker Neville Presho, whose holiday home on Tory Island had disappeared in his absence, replaced by a car park for an adjacent hotel. At that stage, Mr Justice Murphy suggested that there may be a restitution claim for the hotel’s use of the site as a car park, and adjourned the case to receive submissions as to remedy ..." (Cearta, 18 July 2009) Tue, 24 Aug 2010 08:40:04 GMT http://www.cearta.ie/2009/07/tory-island-and-unjust-enrichment-continued/ http://www.minnpost.com/globalpost/2009/07/06/10022/restitution_of_art_looted_by_the_nazis_takes_on_new_urgency "PRAGUE — With little more than paper, pen and her own detective skills, Miriam Friedman Morris has been on a personal mission for nearly 30 years to track down a lifetime's worth of her father's artwork that was plundered by the Nazis ..." (MinnPost, 6 July 2009) Tue, 24 Aug 2010 08:39:04 GMT http://www.minnpost.com/globalpost/2009/07/06/10022/restitution_of_art_looted_by_the_nazis_takes_on_new_urgency http://www.delawarelitigation.com/2009/07/articles/chancery-court-updates/court-of-chancery-grants-summary-judgment-on-claims-for-unjust-enrichment-and-conversion-in-embezzlement-case/ "Vice Chancellor Parsons addressed cross motions for summary judgment in an action where after embezzling funds from his employer, defendant Coastal Supply Co., Inc., John M. Burkett used the funds to form B.A.S.S. Group, LLC (“BASS”) with his friend Joseph H. Webb, III. With the funds, BASS purchased real estate. When BASS discovered the embezzlement, it fired Burkett. It also entered into an arrangement for Burkett to transfer the property back to Coastal. Webb brought an individual and derivative action to nullify the transfer and seek other relief for breaches of fiduciary duty by Burkett ..." (Delware Coprorate and Commercial Litigation Blog, 3 July 2009) Tue, 24 Aug 2010 08:38:04 GMT http://www.delawarelitigation.com/2009/07/articles/chancery-court-updates/court-of-chancery-grants-summary-judgment-on-claims-for-unjust-enrichment-and-conversion-in-embezzlement-case/ http://blog.bluestonelawfirm.com/legal-malpractice-news-unjust-enrichment-in-legal-malpractice.html "Many times in legal malpractice cases, courts find causes of action to be duplicitive. Some of this arises from over-pleading. As an example, plaintiff may plead legal malpractice, negligence, breach of contact, breach of fiduciary duty, unjust enrichment, fraud, and so on Courts will trim these causes of action, all the while assuring plaintiff that any damages will still be permitted before the jury ..." (New York Attorney Malpractice Blog, 26 June 2009) Tue, 24 Aug 2010 08:37:04 GMT http://blog.bluestonelawfirm.com/legal-malpractice-news-unjust-enrichment-in-legal-malpractice.html http://maximos62.wordpress.com/2009/06/25/pressure-on-the-british-museum/ "There is a increasing global movement for the restitution of the Parthenon Marbles. With the opening of the new Acropolis Museum in Athens, pressure on the British Museum is mounting. The is a world’s best practice, state of the art museum allowing what remains of the Parthenon Marbles to be seen in the order and alignment they had on the Parthenon itself. It is a museum without walls and extensive glassed spaced that afford spectacular views of the Acropolis ..." (Maximos' Blog, 25 June 2009) Tue, 24 Aug 2010 08:36:04 GMT http://maximos62.wordpress.com/2009/06/25/pressure-on-the-british-museum/ http://lawprofessors.typepad.com/trusts_estates_prof/2009/06/court-may-impose-constructive-trust-on-basis-of-unjust-enrichment-alone.html "In its extensive opinion in Nelson v. Nelson, 205 P.3d 715 (Kan. 2009), the Kansas Supreme Court held that proof of actual or constructive fraud is not necessary for the imposition of a constructive trust ..." (Wills, Trusts and Estates Prof Blog, 22 June 2009) Tue, 24 Aug 2010 08:35:04 GMT http://lawprofessors.typepad.com/trusts_estates_prof/2009/06/court-may-impose-constructive-trust-on-basis-of-unjust-enrichment-alone.html http://www.elginism.com/20090501/1935/ "Various artefacts that are alleged to have been looted were returned to Egypt by a small museum in the UK. It is unclear from the article quite how they got there, how they were acquired without sufficient due diligence and why they are now being returned – it sets a good example to other museums though that actions should be taken to restore looted artefacts to their rightful owners ..." (Elginism, 1 May 2009) Tue, 24 Aug 2010 08:34:04 GMT http://www.elginism.com/20090501/1935/ http://www.elginism.com/20090405/1890/ "In recent weeks, there have been a number of controversial auctions involving looted artefacts. The attention that these auctions have attracted highlights how strongly many people feel about cultural property cases ..." (Elginism, 5 April 2009) Tue, 24 Aug 2010 08:33:04 GMT http://www.elginism.com/20090405/1890/ http://www.cearta.ie/2009/06/restitution-as-comedy/ "Charlie Webb poses the provocative question 'What is Unjust Enrichment?' in the title of an important piece just published in (2009) 29 (2) Oxford Journal of Legal Studies 215-243. His basic point is that whilst the existence of a law of Restitution concerned with reversing unjust enrichments is largely uncontroversial, the ability of unjust enrichment to account for all restitutionary claims is far less so, and he therefore addresses the question of what role a conception of unjust enrichment can and should play in presenting and justifying the modern law of Restitution ..." (Cearta, 5 June 2009) Tue, 24 Aug 2010 08:32:04 GMT http://www.cearta.ie/2009/06/restitution-as-comedy/ http://skepticlawyer.com.au/2009/05/22/ooops-too-many-zeros/ "In the Sydney Morning Herald today: 'A New Zealand couple who fled the country after receiving millions of dollars in a banking error may have had a 16-day head start on police.It also emerged the couple may now be in China, and that other family members were also missing ...'" (SkepticLawyer, 22 May 2009) Tue, 24 Aug 2010 08:31:04 GMT http://skepticlawyer.com.au/2009/05/22/ooops-too-many-zeros/ http://masslawblog.com/contracts/first-circuit-clarifies-the-law-of-unjust-enrichment-in-massachusetts/ "The terms 'unjust enrichment', 'restitution', 'quasi-contract' and 'constructive trust' cause the average lawyer to recoil with apprehension (although she doesn’t show it, of course). We were forced to grapple with some of these ancient legal concepts in law school, but we quickly migrated to more modern legal principles, and although we may have remembered the terms (any lawyer worth his salt can throw around the terms unjust enrichment and restitution), the depth of knowledge of most lawyers on these topics is shallow at best. We were relieved when we could move on to things like the Uniform Commercial Code, which dates back only to the early 1950s ..." (Mass Law Blog, 3 March 2009) Tue, 24 Aug 2010 08:30:04 GMT http://masslawblog.com/contracts/first-circuit-clarifies-the-law-of-unjust-enrichment-in-massachusetts/ http://druganddevicelaw.blogspot.com/2010/05/ali-unjust-enrichment-and-prescription.html "...This time it was the wrapping up of another ALI project – one that’s been going on for over a decade (since 1997) – the Restatement (Third) of Restitution and Unjust Enrichment. The last part of this project was brought to a final vote yesterday. It passed. True, the ALI grinds slowly, but its final product is finer than anything you’ll find just about anywhere ..." (Drug and Device Law, 20 May 2010) Tue, 24 Aug 2010 08:29:04 GMT http://druganddevicelaw.blogspot.com/2010/05/ali-unjust-enrichment-and-prescription.html http://www.elginism.com/20100612/2898/ "A conference in London aims to represent London as a beacon of enlightenment in the world of restitution of cultural property. Many countries will be unconvinced by this argument however .." (Elginism, 12 June 2010) Tue, 24 Aug 2010 08:28:04 GMT http://www.elginism.com/20100612/2898/ http://www.cearta.ie/2010/05/from-mansfield-to-kull-constructing-the-law-of-restitution/ "On 19 May 1760, Lord Mansfield (left) delivered judgment in the famous case of Moses v Macferlan (1760) 2 Burr 1005, 97 ER 676, [1558-1774] All ER Rep 581, [1760] Eng R 713 (19 May 1760) (warning: pdf; an unofficial html is here). Much of the modern law of restitution has been constructed upon the foundations which he laid down ..." (Cearta, 26 May 2010) Tue, 24 Aug 2010 08:27:04 GMT http://www.cearta.ie/2010/05/from-mansfield-to-kull-constructing-the-law-of-restitution/ http://rulelaw.blogspot.com/2010/05/unjust-enrichment-bc-court-of-appeal.html "Usually in a common law relationship, each common law spouse provides benefits to the other. The benefits may take many forms including money, use of property, domestic services and other labour. In British Columbia, on the breakdown of the relationship, one common law spouse may advance a claim against the other for money or an interest in property ..." (Rule of Law, 21 May 2010) Tue, 24 Aug 2010 08:26:04 GMT http://rulelaw.blogspot.com/2010/05/unjust-enrichment-bc-court-of-appeal.html http://www.cearta.ie/2010/04/tort-journal-and-unjust-enrichment/ "The Journal of European Tort Law (also here and here) is officially launched today at the 9th Annual Conference on European Tort Law. A joint-venture between the European Centre of Tort and Insurance Law (ECTIL) and the Institute for European Tort Law (ETL) of the Austrian Academy of Sciences, it is the first law review to be dedicated to the analysis and development of tort law in Europe ..." (Cearta, 8 April 2010) Tue, 24 Aug 2010 08:25:04 GMT http://www.cearta.ie/2010/04/tort-journal-and-unjust-enrichment/ http://www.cearta.ie/2009/05/its-not-smart-its-unjust-enrichment/ "From today’s Irish Times comes news of a pending claim for restitution of unjust enrichment: 'Former Smart Telecom CEO sued for sum of €1.16m. SMART YUROE Broadband (SYB) and related companies have sued former Smart Telecom chief executive Oisin Fanning for more than €1.1 million over alleged unjust enrichment during his time as chief executive ...' “ (Cearta, 12 May 2009) Tue, 24 Aug 2010 08:24:04 GMT http://www.cearta.ie/2009/05/its-not-smart-its-unjust-enrichment/ http://news.bbc.co.uk/2/hi/asia-pacific/8060681.stm "Police in New Zealand are searching for a couple who disappeared after a banking blunder deposited NZ$10m (£3.9m, US$6m) in their account. The couple had applied for a NZ$10,000 overdraft but received NZ$10m in their business account instead, part of which they withdrew, local media report ..." (BBC News, 21 May 2009) Tue, 24 Aug 2010 08:23:04 GMT http://news.bbc.co.uk/2/hi/asia-pacific/8060681.stm http://overpaidtaxconference.com/2010/05/25/purchasing-restitution-from-the-littlewoods-catalogue/ "Since 1923, Littlewoods ran a mail- and phone-order catalogue sales business; and it is now the brand name of a successful internet retail sales company. It is likely soon also to be the shorthand name for principles governing the restitution of overpaid VAT ..." (Restitution of Overpaid Tax, 25 May 2010) Tue, 24 Aug 2010 08:22:04 GMT http://overpaidtaxconference.com/2010/05/25/purchasing-restitution-from-the-littlewoods-catalogue/ http://landlordlaw.blogspot.com/2009/08/case-throws-up-injustices-in-tenancy.html "A very interesting article in the New Law Journal (NLJ) from Laura West, barrister, Arden Chambers and Marianne Rivett, solicitor, Kennedys (currently available here) highlights some of the injustices and inconsistencies in the current tenancy deposit protection scheme (TDPS) legislation ..." (The Landlord Law Blog, 13 August 2009) Tue, 24 Aug 2010 08:21:04 GMT http://landlordlaw.blogspot.com/2009/08/case-throws-up-injustices-in-tenancy.html http://www.johntemple.net/2009/07/way-for-newspapers-to-make-sure-others.html "OK, let me warn you. This post may be complicated. But I think it’s important, so I hope you’ll bear with me. In part because what I’m going to write reflects a reversal of my initial position on an important issue - a possible change to copyright law - and in part because how I changed my mind is a lesson in the strengths of Internet journalism. I’ll explain both points in what follows ..." (Temple Talk, 26 July 2009) Tue, 24 Aug 2010 08:20:04 GMT http://www.johntemple.net/2009/07/way-for-newspapers-to-make-sure-others.html http://www.dvanarelli.com/blog/?p=4952 "This recent case involves the intersection of estate law and family law. In Kay v. Kay, 405 N.J. Super 278 (App. Div. 2009), aff’d, N.J. (2010), the New Jersey Supreme Court, in a per curium or unanimous decision by the entire court, affirmed an Appellate Division decision holding that the estate of a deceased spouse may assert equitable claims of unjust enrichment and constructive trust against the surviving spouse when the deceased spouse was pursuing a claim of diversion of marital assets against the surviving spouse in a divorce litigation pending at the time of the deceased spouse’s death ..." (Law Office of Donald D Vanarelli Blog, 1 February 2010) Tue, 24 Aug 2010 08:19:04 GMT http://www.dvanarelli.com/blog/?p=4952 http://religionclause.blogspot.com/2009/12/holocaust-survivors-suit-against.html "In Alperin v. Vatican Bank, (9th Cir., Dec. 29, 2009), the U.S. 9th Circuit Court of Appeals dismissed on sovereign immunity grounds a lawsuit by Holocaust survivors against the Vatican Bank. As explained in an earlier 9th Circuit decision in the case ..." (Religion Clause, 30 December 2009) Tue, 24 Aug 2010 08:18:04 GMT http://religionclause.blogspot.com/2009/12/holocaust-survivors-suit-against.html http://lindakernslaw.blogspot.com/2009/12/madoff-mess-and-finality-of-divorce.html "Back in February, I wrote about a New York attorney who was attempting to overturn his 2006 divorce settlement on the basis that he had negotiated away virtually all of his assets and paid his ex-wife cash in exchange for the couple’s Madoff account. The parties had been married 30 years and took approximately 2 years to spar over their home, the husband’s law partnership, a Manhattan apartment and the Madoff account ..." (Linda's Law Blog, 29 December 2009) Tue, 24 Aug 2010 08:17:04 GMT http://lindakernslaw.blogspot.com/2009/12/madoff-mess-and-finality-of-divorce.html http://www.australianpatentlaw.com/2009/10/hefty-profits-in-trade-mark-infringement-case/ "The Court of Appeal of New Zealand has overturned a decision to limit the period in which the trade mark owner was entitled to an account of profits in the cling-film trade mark infringement case Intellectual Property Development Corporation Pty Ltd and or v Primary Distributors New Zealand Limited and ors [2009] NZCA 429 ..." (IP Now, 7 October 2009) Tue, 24 Aug 2010 08:16:04 GMT http://www.australianpatentlaw.com/2009/10/hefty-profits-in-trade-mark-infringement-case/ http://blog.bluestonelawfirm.com/legal-malpractice-news-the-increasing-importance-of-breach-of-fiduciary-duty-in-legal-malpractice.html "In law, sometimes a single case decision opens the flood gates. This is an oft-heard argument, with a rarely seen result, yet in legal malpractice the Ulico v. Wilson Elser, 56 AD3d 1 (1st Dept, 2008) case seems to have accomplished the re-awakening of 'breach of fiduciary duty' ..." (New York Attorney Malpractice Blog, 15 September 2009) Tue, 24 Aug 2010 08:15:04 GMT http://blog.bluestonelawfirm.com/legal-malpractice-news-the-increasing-importance-of-breach-of-fiduciary-duty-in-legal-malpractice.html http://legaltimes.typepad.com/blt/2009/09/patton-boggs-wins-back-bank-payment-.html "If a bank accidentally sends your company money and then asks for its cash back, don’t try to keep it. That was the message of an opinion today by Senior Judge Gladys Kessler, who handed Qatar National Bank and its legal team from Patton Boggs a win on summary judgment at the U.S. District Court for the District of Columbia ..." (The BLT, 4 September 2009) Tue, 24 Aug 2010 08:14:04 GMT http://legaltimes.typepad.com/blt/2009/09/patton-boggs-wins-back-bank-payment-.html http://legalworkshop.org/2009/09/04/the-surprising-virtues-of-treating-trade-secrets-as-ip-rights "Trade secret law is a puzzle. No one can seem to agree where trade secret law comes from or how to fit it into the broader framework of legal doctrine. Courts, lawyers, scholars, and treatise writers argue over whether trade secrets are a creature of contract, of tort, of property, or even of criminal law. None of these different justifications has proven entirely persuasive ..." (Stanford Law Review, 4 September 2009) Tue, 24 Aug 2010 08:13:04 GMT http://legalworkshop.org/2009/09/04/the-surprising-virtues-of-treating-trade-secrets-as-ip-rights http://www.africaresource.com/rasta/sesostris-the-great-the-egyptian-hercules/the-slavers-of-wall-street-investment-banks-and-trans-atlantic-slave-trade-oguejiofo-annu/ "Several global financial institutions started off as slave profiteering firms before growing into multi-national behemoths of today. Many acknowledged their links to slavery. Others have apologised for and have set up programs to make amends ..." (Rasta Livewire, 28 June 2009) Tue, 24 Aug 2010 08:12:04 GMT http://www.africaresource.com/rasta/sesostris-the-great-the-egyptian-hercules/the-slavers-of-wall-street-investment-banks-and-trans-atlantic-slave-trade-oguejiofo-annu/ http://s264774154.onlinehome.us/2009/06/19/a-new-payment-remedy-for-suppliers-and-subcontracotrs/ "A general contractor may now be liable to a supplier and subcontractor even if the supplier and subcontractor fails to perfect its claim against the payment bond on a public project. Consider the following scenario ..." (Marty’s Blog, 19 June 2009) Tue, 24 Aug 2010 08:11:04 GMT http://s264774154.onlinehome.us/2009/06/19/a-new-payment-remedy-for-suppliers-and-subcontracotrs/ http://www.delawarelitigation.com/2009/04/articles/chancery-court-updates/chancery-dismisses-fiduciary-and-unjust-enrichment-claims-based-on-terms-of-contract/ "The factual basis of this Chancery Court decision involves shareholders who had signed agreements that governed the redemption of their shares. They filed suit when their company had redeemed their shares shortly prior to the corporation being acquired ..." (Delaware Corporate and Commercial Litigation Blog, 30 April 2009) Tue, 24 Aug 2010 08:10:04 GMT http://www.delawarelitigation.com/2009/04/articles/chancery-court-updates/chancery-dismisses-fiduciary-and-unjust-enrichment-claims-based-on-terms-of-contract/ http://www.bailii.org/ew/cases/EWHC/Comm/2010/227.html "This is my second judgment in this action. In it I refer to the parties in the same way as I did in the first. This second judgment is to be read with and in the light of the first. In the first judgment, [2009] EWHC 2227 (Comm), delivered on 4 September 2009, I determined that the municipalities were entitled to declaratory relief to the effect that they are not bound by the swap transactions into which they apparently entered with Depfa, but I pointed out that this was a Pyrrhic victory as I also determined that the municipalities were liable to make restitution to Depfa ...”” (Kommune v. Depfa ACS Bank [2010] EWHC 227 (Comm), 12 February 2010)(many thanks to James Lee) Mon, 23 Aug 2010 08:53:04 GMT http://www.bailii.org/ew/cases/EWHC/Comm/2010/227.html http://www.profits4you.net/business-tips/united-kingdom-theory-into-action-calculating-damages-payments-and-accounts-of-profits-in-patent-cases/ "Claimants who have successfully proved liability in an action for patent infringement, either actual or anticipated, are entitled to elect their remedy. Successful litigants will discover that the measure of the award for compensation may vary widely depending upon their election between damages and an account of profits ..." (Leigh Ellis, February 2010) Mon, 23 Aug 2010 08:52:04 GMT http://www.profits4you.net/business-tips/united-kingdom-theory-into-action-calculating-damages-payments-and-accounts-of-profits-in-patent-cases/ http://www.bailii.org/ew/cases/EWHC/Ch/2010/1986.html "These proceedings arise from an unlikely combination of events: a rock concert which took place in London in February 1969; the decision by The Sunday Times newspaper to cushion the effect of a 20p rise in its price to £2 by issuing free to purchasers of the newspaper a CD (known in the industry as a 'covermount') containing recordings of songs performed at that concert; and plans by two US companies, on their way to fulfilment in September 2006 which is when the covermount appeared, to launch a film of the concert together with accompanying DVDs, CDs and general merchandise associated with that already long-past event ('the Project') ..." (Experience Hendrix LLC v. Times Newspapers Ltd [2010] EWHC 1986 (Ch), 30 July 2010) Mon, 23 Aug 2010 08:51:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/1986.html http://www.bailii.org/ew/cases/EWCA/Civ/2010/578.html "This is a cautionary tale, which all unmarried couples who are contemplating the purchase of residential property as their home, and all solicitors who advise them, should study. The facts are not in dispute and are unusual only in the sense that a great deal of time has elapsed since the parties separated ... " (Kernott v Jones [2010] EWCA Civ 578, 26 May 2010) Mon, 23 Aug 2010 08:50:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/578.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1631781 "... This Article examines two prototypical surprise liens – federal estate tax liens and mechanics' liens – and proposes that these are indicative of a trend wherein modern lawmakers are increasingly tolerant of surprise liens. This Article then examines potential justifications for this deviation from the longstanding preference against these types of liens. First, some argue that property filing systems are economically inefficient. Second, some argue that creditors and purchasers do not actually check property filing systems. Finally, the Article identifies and addresses the possibility that law makers justify surprise liens based upon the identity of the lienor …" (Chad J Pomeroy, July 2010) Mon, 23 Aug 2010 08:49:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1631781 http://www.bailii.org/ew/cases/EWCA/Civ/2010/103.html "... To put this appeal in its legal context, this case forms part of the extensive and ever-increasing body of case law springing from the application by the Court of Justice of the European Communities, now (following the coming into force of the Lisbon Treaty) the Court of Justice of the European Union ("the ECJ"), of principles of Community law to domestic tax systems. References in this judgment to Member States are to Member States of the European Union or of the European Economic Area ("EEA"). We are told that, for the purposes of the issues on this appeal, there are no relevant differences between the two groups of Member States ..." (Test Claimants In the Franked Investment Group Litigation v Commissioners of the Inland Revenue [2010] EWCA Civ 103, 23 February 2010) Mon, 23 Aug 2010 08:48:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/103.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1634729 "Abstract: Australian courts routinely award different - and mutually incompatible - proprietary remedies on materially identical facts. This contrary to the fundamental principle of justice that like cases must be treated alike. If the law of proprietary remedies in Australia is to be brought back to order, there must first occur a significant exercise in ground-clearing to identify the crucial differences between the major forms of imposed proprietary remedies and explain why those differences matter. That is the aim of this article. The hope is that by repositioning the debate over the award of proprietary remedies onto more secure foundations, the real business of distilling a coherent and principled Australian law of imposed proprietary remedies can commence. " (Elise Bant, July 2010) Mon, 23 Aug 2010 08:47:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1634729 http://www.bailii.org/ew/cases/EWHC/Ch/2010/45.html "On Mrs Pitt's case before me the Settlement and the Assignment may be avoided because the inheritance tax position was simply ignored at the time the arrangements were made. She seeks to make out this case on either or both of two grounds: (1) the so-called rule in Hastings-Bass and (2) mistake. If she succeeds, then the current tax liability will disappear whether because the transactions were void at the outset or pursuant to section 150 of the Inheritance Tax Act 1984. For its part, HMRC contends that the rule in Hastings-Bass does not apply in the present context ..." (Pitt v Holt [2010] EWHC 45 (Ch), 18 January 2010) Mon, 23 Aug 2010 08:46:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/45.html http://www.bailii.org/ew/cases/EWHC/Ch/2010/1566.html "This is an application for a declaration that the deed of appointment made by the trustees of a settlement is void pursuant to the so-called Hastings-Bass principle, or alternatively for rectification of the deed. There is also in the alternative a claim for a determination of the true construction of the effect of the deed and the Settlement in the events which have happened ..." (Jiggens v Low [2010] EWHC 1566 (Ch), 29 June 2010) Mon, 23 Aug 2010 08:45:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/1566.html http://www.austlii.edu.au/au/journals/MULR/2009/8.html "Abstract: Since its inception into Australian law less than two decades ago, change of position has become firmly established as the most important defence to a claim for restitution based on the concept of unjust enrichment. A lingering uncertainty, however, is the extent to which the defence can apply where restitution is claimed as a remedy for civil wrongs, such as conversion or breach of fiduciary duty. The author examines the nature and rationale of change of position and the policy behind restitutionary claims for conversion and breach of fiduciary duty, and argues that change of position should be applicable in these situations, provided the defendant has acted in good faith at all relevant times." (Paul Walker, 2009) Mon, 23 Aug 2010 08:44:04 GMT http://www.austlii.edu.au/au/journals/MULR/2009/8.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1556828 "Abstract: This article concerns one aspect of the interrelationship between law and equity. The scope of the fiduciary obligations owed by trustees, partners and other fiduciaries whose status is sourced in contract depends substantially, but not wholly, on what that contract has provided. That in large measure is a consequence of the fact that those heightened obligations depend on the status given to the fiduciary by virtue of the contract and the fact that they may be discharged by informed consent. But contract is not decisive, for the parties' conduct, as well as their promises, can add to and subtract from the extent to which they are subject to heightened fiduciary obligations. This article seeks to explain how those mechanisms operate." (Mark Leeming, 2009) Mon, 23 Aug 2010 08:43:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1556828 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1549913 "Abstract: In March 2009, ailing insurance giant American International Group (AIG) triggered a national outcry when it paid out $165 million in government bailout funds for employee bonus incentives. President Obama called the bonus payments an "outrage" and promised that his administration would "pursue every single legal avenue to block these bonuses and make the taxpayers whole." He chastised the firm for its audacity of using borrowed taxpayer monies to reward financial recklessness and greed ..." (Tracy Thomas, 2009) Mon, 23 Aug 2010 08:42:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1549913 http://www.scribd.com/doc/26638068/O-Dell-CLP-Paper "'Espionage is a serious business' sang a moderately famous Irish pop singer of the 1980s. And so it is. It can be even more of a business when former spies seek to publish their memoirs, and things can get very serious indeed if they fail to seek the clearance of their former spymasters in advance ..." (Eoin O'Dell, February 2010) Mon, 23 Aug 2010 08:41:04 GMT http://www.scribd.com/doc/26638068/O-Dell-CLP-Paper http://www.bailii.org/ew/cases/EWHC/Comm/2010/113.html "... I am quite satisfied from the evidence as to the history of events which I have summarised above that Kolmar agreed to amend the letters of credit to increase the price and reduce the quantity and to accept and pay for the documents tendered as a result of illegitimate pressure amounting to economic duress on the part of Traxpo which left Kolmar with no practical choice but to agree to pay an increased price for such methanol as it did receive. Kolmar had purchased the methanol at an agreed price in order to supply it to Methanex, a very important customer ..." (Kolmar Group AG v. Traxpo Enterprises PVT Ltd [2010] EWHC 113 (Comm), 1 February 2010) (many thanks to Peter Watts) Mon, 23 Aug 2010 08:40:04 GMT http://www.bailii.org/ew/cases/EWHC/Comm/2010/113.html http://www.bailii.org/ew/cases/EWHC/Ch/2009/B34.html "... The Claimant advances an alternative claim in proprietary estoppel based upon an assertion that she expected to inherit Potto Carr Farm ('the Farm'), the farming business carried on therefrom and the assets of that farming business, including the money which it generated, which expectation was encouraged by Mr Gill and Mrs Gill and the Claimant acted to her detriment in reliance upon that encouraged expectation ..." (Gill v. Woodall [2009] EWHC B34 (Ch), 5 October 2009) Mon, 23 Aug 2010 08:39:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2009/B34.html http://www.bailii.org/ew/cases/EWHC/Ch/2009/2276.html "This is a claim by Professor Averil Macdonald and Ms Deborah Bannigan, who are the daughters of the late Joseph Henry Frost, to an equitable interest in their late father's estate on the basis of an alleged proprietary estoppel. For convenience and simplicity, and without intending any disrespect, I shall follow the practice that is often adopted in cases of this nature of referring to the claimants (Averil and Deborah) their father (Joe) and other members of the family by their first names or by the names by which they were usually known ..." (Macdonald v. Frost [2009] EWHC 2276 (Ch), 5 October 2009) Mon, 23 Aug 2010 08:38:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2009/2276.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494299 "Abstract: Unjust enrichment claims often feature in estate litigation. Given that succession law prizes adherence to formalities and strives for certainty, it is not surprising that disappointed beneficiaries turn to the private law to seek a share of the estate. If a properly made and executed Will governs how the deceased’s available wealth is to be distributed and the disappointed beneficiary is either not included or not included to the extent he or she thinks appropriate, then succession law provides no opportunity for relief outside the equalization claim of a spouse and a Dependants’ Relief application for support. Hence the use of unjust enrichment principles ..." (David Freedman, October 2009) Mon, 23 Aug 2010 08:37:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494299 http://www.bailii.org/ew/cases/EWCA/Civ/2009/1189.html "Once again there is before the court a case in which the parties, in contemplation of the signing of a formal written long term contract, have commenced operating on the basis that the contract will be signed - performing services as contemplated by the terms being negotiated and being remunerated by a price contemplated by the terms being negotiated ..." (Whittle Movers Ltd v. Hollywood Express Ltd [2009] EWCA Civ 1189, 11 November 2009) Mon, 23 Aug 2010 08:36:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2009/1189.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494952 "Abstract: This note considers the decision of the House of Lords in Yeoman’s Row Management Ltd v Cobbe [2008] UKHL 55. It considers the effect of the decision, and of the reasoning employed in the speeches, on the law relating to proprietary estoppel, constructive trusts, and unjust enrichment. It argues that, whilst the decision reached by the House of Lords may well be justifiable, the reasoning employed by each of Lord Scott and Lord Walker is inconsistent, each in different ways, with previously settled understandings of the operation of proprietary estoppel, and would therefore cause problems if strictly applied." (Ben McFarlane and Andrew Robertson, 2008) Mon, 23 Aug 2010 08:35:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494952 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1484763 "Abstract: The fiduciary concept has been described in many different ways over the years. However, one adjective that is seldom, if ever, used to describe it is “efficient.” Notions of efficiency in law are generally associated with the Law and Economics movement. Law and Economics understandings of the fiduciary concept ascribe to it a rather limited role, regarding it as a gap filler for incomplete contracts. This paper contends that the fiduciary concept is efficient, but that its efficiency looks to different standards than Law and Economics benchmarks, The paper illustrates that there are a variety of reasons why the fiduciary concept ought to be regarded as efficient, not the least of which is the creation of norms that provide a greater measure of certainty in actions and expectation in important social and economic interactions of high trust and confidence." (Leonard I Rotman, October 2009) Mon, 23 Aug 2010 08:34:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1485853 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1484763 "Abstract: The year 2009 marks the tenth anniversary of domain name regulation under the Anti-Cybersquatting Consumer Protection Act (ACPA) and the Uniform Domain Name Dispute Resolution Policy (UDRP). Adopted to combat cybersquatting, these rules left a confused picture of domain name theory in their wake. Early cybersquatters registered Internet domain names corresponding with others’ trademarks to sell them for a profit. However, this practice was quickly and easily contained ..." (Jacqueline Lipton, October 2009) Mon, 23 Aug 2010 08:33:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1484763 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1350473 "Abstract: This paper puts forward a new analysis of equitable property rights. It is argued that such rights are best understood not as property rights (rights against things) nor as personal rights (rights against persons) but rather as rights against rights. This analysis has conceptual and practical consequences. Conceptually, it shows that English law does not contain two competing sets of rules about property rights, one arising at common law and the other in equity. Practically, it explains a number of features of the law relating to equitable property rights as well as showing how such rights could function in civil law systems." (Ben McFarlane and Robert Stevens, 2009) Mon, 23 Aug 2010 08:32:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1350473 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494930 "Abstract: This book provides a new way of understanding the doctrinal rules of property law. Part I sets out the basic tension in property law and the basic structure employed to resolve disputes between a prior and a later user of a thing. That structure is based on the distinction between cases in which the prior user attempts to assert a direct right, and those in which he or she attempts to assert a pre-existing right ..." (Ben McFarlane, 2008) Mon, 23 Aug 2010 08:31:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494930 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494942 "Abstract: As part of establishing an unjust enrichment claim, the claimant (C) must show that the defendant (D) has been enriched at C’s expense. This article examines a group of cases where C’s direct conferral of a benefit on X has been followed by X’s direct conferral of a benefit on D. It is argued that the results of those cases are not inconsistent with a principled rule that, where D is an indirect recipient, he receives his benefit at the expense of X, not C. The arguments made may therefore be seen as limiting the reach of unjust enrichment ...” (Ben McFarlane, 2009) Mon, 23 Aug 2010 08:30:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494942 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494945 "Abstract: Unlike express trusts, constructive and resulting trusts do not arise simply as a result of a party’s exercise of a power to set up a trust. As a result, from one perspective, such trusts may seem to be anomalies, in need of special justification. This paper argues against that perspective and advances the view that constructive and resulting trusts are instead central examples of the fact that any trust depends for its existence on a trustee holding a 'duty-burdened right' ..." (Ben McFarlane, 2010) Mon, 23 Aug 2010 08:29:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1494945 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1432957 "Abstract: It is with great trepidation that I publish this joint paper with Philip Smart. The paper was written for a workshop at our faculty in 1998; neither author considered it significant enough to deserve posterity in published form. Sadly, Philip’s sudden and untimely death has provided a reason for publishing it, if only to provide another window to the mind of a genuine scholar and analytical writer one finds in him. To preserve the integrity of the paper, it is published in its original form, with an update in the Epilogue." (Lusina Ho and Philip Smart, 2009) Mon, 23 Aug 2010 08:26:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1432957 http://www.bailii.org/ew/cases/EWCA/Civ/2010/923.html "... Eventually, though not until litigation about the introduction of the three-year cap for the making of repayment claims had run its course, they repaid the excess tax to the appellants. The amounts so paid are not disputed. The Commissioners also paid simple interest on the capital sums. The appellants argue, however, that simple interest is not sufficient recompense and that the Commissioners should instead pay, in addition to the tax itself, a sum which, whether as a matter of principle or of practical convenience, is calculated as compound interest ..." (John Wilkins (Motor Engineers) Ltd v. Revenue and Customs [2009] UKUT 175 (TCC), 16 September 2009) Mon, 23 Aug 2010 08:25:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/923.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1462234 "Abstract: This paper analyses the raison d’être of the current initiative for the federal policy change in the US regarding the issues of passing-on defense and indirect purchaser standing in order to draw policy lessons for the EC in the light of the Commission’s Green Paper on private enforcement of Community competition law. The paper finds that transatlantic policy learning in the substantive sense does not seem plausible due to the dramatic difference between the American rationale regarding the goals of private enforcement and the European doctrine of direct effect ..." (Firat Cengiz, November 2007) Mon, 23 Aug 2010 08:24:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1462234 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1413129 "Abstract: Choice of law for unjust enrichment is impossible without a clear understanding of the law of unjust enrichment and the boundaries between it and other areas of law. This article is divided into three main sections. The first briefly outlines the current law on characterization, the process through which choice of law rules are selected and applied. The second proposes a definition of the law of unjust enrichment to be used in the characterization process. The third analyses the parameters of unjust enrichment, looking at the boundaries between it and contract, wrongs and property." (Stephen Pitel, June 2009) Mon, 23 Aug 2010 08:23:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1413129 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1385242 "Abstract: In conventional terms, because employment relations are limited access arrangements, employees attract status fiduciary accountability. That conventional view has been sidelined in certain respects in Canada. Courts and commentators have asserted that ordinary employees do not have fiduciary obligations. Instead, employees are said to have distinct duties of fidelity (good faith) and confidence." (Robert Flannigan, 2009) Mon, 23 Aug 2010 08:22:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1385242 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1345883 "Abstract: In the law of unjust enrichment, the question when a plaintiff should have access to proprietary remedies is one of the most controversial issues. This paper attempts to expose the philosophical and historical foundations of the most important category of proprietary remedies; namely, trusts arising by operation of law, including trusts over traceable proceeds. In so doing, it also explores the historical and philosophical foundations of all trusts, and emphasises the conceptual unity between constructive trusts and express trusts.” (Lionel Smith, 2009) Mon, 23 Aug 2010 08:21:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1345883 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1397470 "Abstract: This piece engages a basic question about legal responsibility for gains in the common law: are the gains we make at the expense of others something we need to justify, or something which we are presumptively entitled to keep? The answer to this question holds key implications for the current debate as to whether English law should retain an approach to unjust enrichment reasoning based on a plaintiff proving defined 'unjust factors', or switch to civilian-style reasoning, which is based on the 'absence of any basis' for a defendant’s enrichment ..." (Kit Barker, 2008) Mon, 23 Aug 2010 08:20:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1397470 http://www.bailii.org/ew/cases/EWCA/Civ/2010/312.html "... In my judgment the question whether Mr Hewett's affair was a material fact calling for disclosure is to be decided by an objective test, rather than by asking the hypothetical question whether disclosure would have made all the difference to his wife's process of decision making. The issue may be best addressed by asking whether a solicitor, consulted by Mrs Hewett for advice about the wisdom of the transaction, would have thought it relevant to know that her husband was, while asking for her unqualified trust, at the same time conducting a clandestine affair. There can in my view only be an affirmative answer to that question ..." (Hewett v. First Plus Financial Group Plc [2010] EWCA Civ 312, 24 March 2010) Mon, 23 Aug 2010 08:19:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/312.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1614927 "Abstract: Common-law punitive damages have some feature that will upset everyone: A civil court meting out punishment. A sanction imposed after mere civil procedure. A private plaintiff receiving a 'windfall' that exceeds any reasonable estimate of loss. And the Supreme Court wielding the discredited doctrine of substantive Due Process ..." (Doug Rendleman, 2010) Mon, 23 Aug 2010 08:18:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1614927 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1600928 "Abstract: This paper is a contribution to the 50th anniversary issue of the Canadian Business Law Journal, which will be dedicated to developments in key areas of Canadian law over the past 20-40 years. The paper comprises a critical analysis of Supreme Court of Canada cases on fiduciary obligations decided over the past 20 years. The paper addresses three related questions: (1) what is the nature of the fiduciary relationship; (2) what is the relationship between contract and fiduciary law; and (3) what are the remedial goals of fiduciary law? ..." (Anthony Duggan, May 2010) Mon, 23 Aug 2010 08:17:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1600928 http://www.bailii.org/ew/cases/EWHC/Ch/2010/449.html "When the Court of Appeal fashioned for the trustees of the 1947 settlement upon Captain Hastings-Bass a stout shield against an attack upon the validity of their decisions by the Inland Revenue, the members of the court cannot have supposed that they were creating for such trustees a powerful weapon enabling them to attack their own decisions in the face of objections by the Inland Revenue. But that, of course, is what has occurred in the development of what is called 'the Rule in Hastings-Bass' (Re Hastings-Bass [1975] Ch 25) ..." (Futter v. Futter [2010] EWHC 449 (Ch), 11 March 2010) Mon, 23 Aug 2010 08:16:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/449.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1567019 "Abstract: A significant part of the problem with patent damage awards comes from the non-exclusive, fifteen-factor ‘Georgia-Pacific’ test now taken as the gold standard for calculating reasonable royalty damages. Simply handing the question of reasonable royalty to the jury, without more, is not a recipe for precision in damages analysis ..." (Daralyn Durie and Mark Lemley, 2010) Mon, 23 Aug 2010 08:15:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1567019 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1568434 "Abstract: The Supreme Court endeavored in Galambos v. Perez to reduce the confusion that exists in Canada over the test for fact-based fiduciary accountability. The unanimous decision produced a mixed, possibly conventional, outcome. The court did discard a number of unsatisfactory recent accretions to the jurisprudence. Difficulties remain, however, with its newest reformulation of the definitive criteria ..." (Robert Flannigan, 2010) Mon, 23 Aug 2010 08:14:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1568434 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1386022 "Abstract: A trust is a relationship, not a legal person, popular misconceptions (reinforced by statutory fictions) notwithstanding. The trust relationship is between trustee, beneficiaries, property and third parties. It interacts with other aspects of the legal system, notably, common law and statute. This article examines some aspects of how that interaction occurs ...”” (Mark Leeming, 2009) Mon, 23 Aug 2010 08:13:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1386022 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1329099 "Abstract: An important functional difference among restitutionary remedies is between giving a plaintiff the monetary value of the defendant's unjust enrichment or giving the plaintiff an identifiable asset that constitutes the defendant's unjust enrichment. This difference commonly is labeled by scholars to be a difference between a money judgment and 'specific restitution' ..." (Colleen Murphy, January 2009) Mon, 23 Aug 2010 08:09:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1329099 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1392438 "Abstract: Exxon Shipping Co. v. Baker acknowledged what virtually all methodologically sound punitive damages research shows. The Supreme Court relied in part on an article by the present authors and others to state that empirical studies undercut the most audible criticism of punitive damages and that no mass of runaway punitive awards existed. Paradoxically, the Court simultaneously expressed concern about jury predictability based on a high mean and standard deviation in the punitive-compensatory ratio published in our article ..." (Theodore Eisenberg, Michael Heise and Martin Wells, April 2009) Mon, 23 Aug 2010 08:09:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1392438 http://www.bailii.org/ew/cases/EWCA/Civ/2009/352.html "... Mr Semken's starting point was that the court will not find a common intention constructive trust or proprietary estoppel unless, among other things, two requirements are satisfied. The claimant must have relied to his or her substantial detriment on the agreement or arrangement between the parties, and the defendant's conduct must have been such as to make it unconscionable in all the circumstances to deny the claimant a property interest conforming to the agreement or arrangement. In support of those propositions Mr Semken referred to various passages in Yeoman's Row Management Ltd v Cobbe [2006] EWCA Civ 1139 and Gillett v Holt [2001] Ch 210 ..." (Qayyum v. Hameed [2009] EWCA Civ 352, 27 April 2009) Mon, 23 Aug 2010 08:09:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2009/352.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1369360 "Abstract: Lying just beneath the surface of the law of restitution is fault. The fundamental rule on which restitution is based is that an individual may not keep that to which he is not entitled under circumstances that would make his retention of the res — be it money, real property, or something less tangible, such as a release from some obligation — unjust. But to understand this formulation of the basic principle, we must first understand an even more basic one: what makes the retention of the res unjust? ..." (Patrick Luff, March 2009) Mon, 23 Aug 2010 08:05:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1369360 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1365026 "Abstract: This paper considers the place of quantum meruit, a cause of action allowing a plaintiff to recover reasonable remuneration for services rendered, within the law of obligations. Three models are used to represent different ways of classifying quantum meruit, with a focus on the relationship between quantum meruit and contract. Historically, quantum meruit has been classified as 'quasi-contractual', with recovery based on an implied contract ..." (Gareth Jamieson, March 2009) Mon, 23 Aug 2010 08:05:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1365026 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1648954 "Abstract: This paper seeks to differentiate rights from other things with which they are frequently confused. The focus is upon rights within private law, but this is used to emphasize the distinctiveness and importance of this area. The topics covered are in sequence: (i) Rights and Loss, (ii) Rights and Gains (which may be skipped by those more interested in theory), (iii) Rights and Interests, (iv) Rights and Deontology, (v) Rights and Corrective Justice, (vi) Rights and Private law." (Robert Stevens, July 2010) Mon, 23 Aug 2010 08:05:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1648954 http://www.bailii.org/uk/cases/UKSC/2010/35.html "... Secondly, if there was an actionable trespass, there is the question what is the correct measure of damages. The measure that was adopted by the trial judge was rejected by the Court of Appeal, which made a very substantial reduction in the award of damages. Bocardo appeal to this court on the damages issue, and the respondents cross-appeal on the issue of trespass ..." (Star Energy Weald Basin Ltd v. Bocardo SA [2010] UKSC 35, 28 July 2010) Mon, 23 Aug 2010 08:05:04 GMT http://www.bailii.org/uk/cases/UKSC/2010/35.html http://www.bailii.org/ew/cases/EWCA/Civ/2010/678.html "... There is, I think, something of a tension underneath this reasoning. It is between these two propositions. (1) The categories of unjust enrichment claims cannot be closed, for if they were this branch of the law would be condemned to ossify for no apparent reason; and nothing could be further from the common law's incremental method. But (2) such a claim must fall "within one of the hitherto established categories of unjust enrichment" which suggests (at least) that the categories rather than any overriding principle are paramount. The authorities' reluctance to assert first principles may be ascribed to the justified fear of the palm tree ..." (Gibb v. Maidstone and Tunbridge Wells NHS Trust [2010] EWCA Civ 678, 23 June 2010) (many thanks to James Lee) Mon, 23 Aug 2010 08:05:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/678.html http://www.bailii.org/ew/cases/EWCA/Civ/2010/579.html "... In the early years of this century a number of Norwegian local authorities entered into so-called "swaps" transactions, on the advice of a Norwegian financial adviser, with the aim of making money from investments in order to provide better local services or reduce taxes. These contracts went disastrously wrong and the episode has been regarded as somewhat of a scandal in Norway. The English courts have become involved in the aftermath. The present case gives rise to interesting and novel questions on the conflict of laws and the law of restitution ..." (Haugesund Kommune v. Depfa ACS Bank [2010] EWCA Civ 579, 27 May 2010) (many thanks to Colin Liew) Mon, 23 Aug 2010 07:56:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/579.html http://www.bailii.org/ew/cases/EWHC/Ch/2010/1071.html "... In this period, Littlewoods overpaid a total of some £241,001,426. The Commissioners for Her Majesty's Revenue and Customs (the 'Commissioners') have already repaid some £204,774,763, although the balance of some £36,226,663 remains outstanding and is the subject of ongoing appeals to the First-tier Tribunal (the 'Tribunal'). The repayments of principal have been made pursuant to section 80 of the Value Added Tax Act 1994 ('VATA 1994'). The Commissioners have also repaid simple interest of £268,159,135 on these principal sums at the statutory rates prescribed by section 78 of VATA 1994.Littlewoods advance their claims to what they plead as the 'time value of the sums enjoyed by the Commissioners', by way of compound interest, on two bases recently recognised by English law ..." (Littlewoods Retail Ltd v. HM Revenue and Customs [2010] EWHC 1071 (Ch) (19 May 2010)) Mon, 23 Aug 2010 07:56:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2010/1071.html http://www.bailii.org/ew/cases/EWCA/Civ/2010/313.html "This is an appeal from the judgment of Henderson J handed down on 8 May 2009. It is one of a steadily growing number of cases in which the courts of this jurisdiction are working out the legal and practical consequences of decisions of the Court of Justice of the European Communities ('the ECJ') in which it has been found that domestic tax legislation has infringed or the United Kingdom has failed properly to implement Community law. The present case concerns payments of value added tax ('VAT') exacted in breach of Community law from motor vehicle dealers ..." (FJ Chalke Ltd v. Revenue and Customs [2010] EWCA Civ 313, 25 March 2010) Mon, 23 Aug 2010 07:56:04 GMT http://www.bailii.org/ew/cases/EWCA/Civ/2010/313.html http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1523780 "Abstract: A patent owner should have access to a restitutionary disgorgement remedy. The goals served by the remedy could operate to benefit patent law aims. Depending upon the desired parameters, the remedy could serve to prevent the infringer’s unjust enrichment, recapture wrongful gains to the owner who lost an opportunity to gain, deter infringement, and encourage bargaining for licenses ...” (Caprice L Roberts, ssrn, 2009) Mon, 23 Aug 2010 07:56:04 GMT http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1523780 http://www.bailii.org/ew/cases/EWHC/Ch/2009/786.html “The first claimant, Cobbetts LLP, which is a solicitors limited partnership, came into existence as a result of a merger of the business of the second claimant, Lee Crowder and another firm, Cobbetts in 2003. By this action the claimants seek to recover from Mr Mark Hodge, the defendant, shares in one of LC's clients, Envirotreat Limited. They allege that the shares in EL were obtained by Mr Hodge, at a time when he was an employed partner of LC, in breach of duties he owed to LC not to profit personally. Accordingly, the claimants allege that the shares in EL are held on trust for the claimants, and that they are entitled to an account from him of the benefit he received from them ...” (Cobbetts LLP v. Hodge [2009] EWHC 786 (Ch) (22 April 2009)) (many thanks to Martin Sethu) Mon, 23 Aug 2010 07:56:04 GMT http://www.bailii.org/ew/cases/EWHC/Ch/2009/786.html