Equitable allowances or restitutionary measures for dishonest assistance and knowing receipt

Whayman, D. ORCID: https://orcid.org/0000-0003-1026-5646 (2017) Equitable allowances or restitutionary measures for dishonest assistance and knowing receipt. Northern Ireland Legal Quarterly, 68 (2). pp. 181-202. ISSN 0029-3105 doi: 10.53386/nilq.v68i2.34

Abstract/Summary

This article considers the credit given to dishonest assistants and knowing recipients in claims for disgorgement, with greater focus on dishonest assistance. Traditionally, equity has awarded a parsimonious ‘just allowance’ for work and skill. The language of causation in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908 suggests a more generous restitutionary approach which is at odds with the justification given: prophylaxis. This tension makes the law incoherent. Moreover, the bar to full disgorgement has been set too high, such that the remedy is unavailable in practice. Therefore, even if the restitutionary approach is affirmed, it must be revised.

Item Type	Article
URI	https://reading-clone.eprints-hosting.org/id/eprint/117606
Identification Number/DOI	10.53386/nilq.v68i2.34
Refereed	Yes
Divisions	No Reading authors. Back catalogue items Arts, Humanities and Social Science > School of Law
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