intermeddlers - Remedies

Question 1

what money remedy is available for dishonest assistance and the case?

Answer 1

IF THERES A BREACH OF DUTY, ANYONE WHO DISHONESTLY assists it doesn’t necessarily receive the property but they’re liable to compensate the losses

 Ultraframe (UK) Ltd v Fielding [2005]

Question 2

what money remedy is available for knowing the receipt and the case?

Answer 2

with knowing receipt they do receive the property, even just a small part, so you can get back only what they received
- So the remedy for dishonest assistance is usually more in compo - this is because the amount of knowledge needed for knowing receipt is less than for dishonest assistance

 Kasikornbank Public Co Ltd v Akai Holdings Ltd [2010]

Question 3

what can be retrieved in unjust enrichment?

Answer 3

 Restitution – returning what transferred (minus anything
dissipated in bona fide change of position)
You simply return what was transferred - lipkin gordon case is example

Question 4

what can be retrieved from both knowing receipt and dishonest assistance and the case?

Answer 4

 Account of secondary profits – additional profits made
‘effectively caused’ by the underlying wrong

 Novoship [2014]