Developments in Gain-based Remedies for Wrongdoing
Speaker(s):
The Hon Justice James Edelman, Judge of the High Court of Australia
Series:
Obligations Discussion Group
Associated with:
In 2001, the House of Lords decided a case called Attorney General v Blake. The decision could have been absolutely unexceptional. However, the brilliantly creative mind of Lord Nicholls set the law on a much wider path including, as Lord Nicholls later explained in 2008, parallels between gain-based remedies for wrongs and those for unjust enrichment. This talk and discussion explores the consequences of that path in English law and a resistance movement that appears to have arisen in 2018.
This special lecture by Justice Edelman is aimed particularly at the BCL/MJur classes in Commercial Remedies and Restitution of Unjust Enrichment; all are welcome but space may be limited.