In Tokyo Industries (Live) Limited v Orbit Tickets Ltd, Trinity Business and Property barrister, Richard Stubbs was instructed by Peter Hornsey of Ward Hadaway in appearing successfully for the Claimant in a case of unjust enrichment.
The case was one in which the Claimant relied on failure of basis as the unjust factor, a restitutionary basis for which there is limited recent case law.
The Claimant had taken over the arrangement and funding of a music festival - the Bingley Weekender - based on an understanding that an agreement would be entered into in which the Claimant would obtain some ticket proceeds and interests in companies controlled by the Defendant in return for taking over the festival. In the event the Defendant paid the Claimant nothing by way of consideration.
HHJ Davis-White KC, sitting as a Judge of the High Court, determined that the appropriate restitutionary remedy was the ticket sale proceeds of the festival, plus interest, with an award of just over £700,000.
The judgment, which is likely to be of interest to all practitioners dealing with unjust enrichment claims, can be found here.
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