Cause of Action and Law of Restitution

Jul 11, 2013

Cause of Action and Law of Restitution
Our client is a director of a company and was dragged into litigation by the other side.

Our client suffers from terminal illness. We informed the other side solicitors to disclose “cause of action” against our client.

In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party.

In fact, we took half a day to study their explanation over “law of restitution” which was totally misapplied. Other side solicitors failed to identify a claim against our client but when they did, it was legally, morally and ethically all wrong.

Restitution is a type of remedy available in many civil lawsuits and in some criminal cases. This type of remedy is calculated based on the gains of the defendant, rather than the Claimant’s losses. Restitution basically requires a defendant to forfeit gains that they have unlawfully obtained from the Claimant.

In order to obtain restitution, the Claimant must include this claim in the initial complaint. Also, restitution will not be awarded if the amount cannot be calculated with certainty. The payment award is also known as “restitutionary damages”.

Restitution is commonly awarded for two main purposes: 1) to “make the victim” whole and restore them to their financial status before the offense occurred; and 2) to prevent the unjust enrichment of the defendant (i.e. prevent them from keeping unlawful gains).

We informed the other side solicitors in relation to costs consequences and unreasonable conduct of their firm which they should rectify immediately upon discovery.

Within a week the Claimant and their solicitors filed a notice of discontinuance (N279 Form), all the misconceived claims against our client were withdrawn, and now our client is automatically entitled to costs under rule 38.6 of the Civil Procedure Rules.

When we took the instructions from our client we promised our client “don’t worry we will look after you”, and within weeks we have detached our client from such a painful litigation which was on-going for over a year.

If you believe that you have been wrongly added as a party to a case then kindly contact one of our solicitors who may be able to assist you.

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