Lord Bingham and Three Continuing Remedial Controversies

From Mads Adenas and Duncan Fairgrieve (eds), Tom Bingham and the Transformation of the Law (OUP 2009) 589-602.

13 Pages Posted: 18 Jun 2013

See all articles by Andrew Burrows

Andrew Burrows

University of Oxford - Faculty of Law

Date Written: 2009

Abstract

This essay, written on the retirement as a judge of Lord Bingham of Cornhill and as a tribute to him, focuses on three continuing controversies in the English law on remedies which are neatly reflected in three much-discussed judgments of Lord Bingham, one at first instance, one in the Court of Appeal, and one in the House of Lords. The three controversies are, first, when does the law create a trust to reverse an unjust enrichment?; secondly, what is the basis of ‘Wrotham Park damages’?; and, thirdly, what is the date for assessing damages for breach of contract?

Keywords: remedies, contract, trusts, unjust enrichment

Suggested Citation

Burrows, Andrew Stephen, Lord Bingham and Three Continuing Remedial Controversies (2009). From Mads Adenas and Duncan Fairgrieve (eds), Tom Bingham and the Transformation of the Law (OUP 2009) 589-602., Available at SSRN: https://ssrn.com/abstract=2280284 or http://dx.doi.org/10.2139/ssrn.2280284

Andrew Stephen Burrows (Contact Author)

University of Oxford - Faculty of Law ( email )

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