Lord Bingham and Three Continuing Remedial Controversies

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