What is the scope of remedy following Auden McKenzie (Pharma Division) Limited v Amit Patel?
Jennifer Seaman has been published in the STEP Journal and the Trust Quarterly Review (TQR) for her article on the remedy of equitable compensation following the England and Wales case of Auden McKenzie (Pharma Division) Limited v Amit Patel.
Auden McKenzie (Pharma Division) Limited v Amit Patel is a case of interest to common-law lawyers who understand that trusts can be used as a form of restitution and compensation.
In England and Wales, equitable compensation is awarded to make good a loss caused by the breach of an equitable duty. Equitable compensation is different from a proprietary remedy and a personal remedy to reverse an unjust enrichment. It is more akin to common-law damages, but there are variances in assessment. The England and Wales Court of Appeal case of Auden McKenzie (Pharma Division) Limited v Amit Patel raises questions about causation when awarding equitable compensation.
Jennifer’s article (‘The scope of remedy’, Trust Quarterly Review (Vol18 Iss4), pp.5-10) can be read here.
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Jennifer Seaman’s practice in chancery and commercial litigation has an emphasis on pensions, trusts and probate disputes, civil fraud, professional negligence, property and insolvency.
If you would like to discuss any of the issues covered in this article please contact Jennifer directly or via her practice management team; Matt Sale (+44 (0)20 7427 4910) or Peter Foad (+44 (0)20 7427 0807) who would be happy to have a discussion in the strictest of confidence.
Barristers: Jennifer Seaman