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Suing The Third Party For Improvements To Land: Costello V Macdonald [2011] Ewca Civ 930; [2011] 3 Wlr 1341, Man Yip Mar 2014

Suing The Third Party For Improvements To Land: Costello V Macdonald [2011] Ewca Civ 930; [2011] 3 Wlr 1341, Man Yip

Man YIP

No abstract provided.


Restitution For Victims Of Fraud: Skandinaviska Enskilda Banken Ab (Publ), Singapore Branch V Asia Pacific Breweries (Singapore) Pte Ltd, Man Yip Mar 2014

Restitution For Victims Of Fraud: Skandinaviska Enskilda Banken Ab (Publ), Singapore Branch V Asia Pacific Breweries (Singapore) Pte Ltd, Man Yip

Man YIP

The Court of Appeal decision in Scandinaviska Enskilda Banken AB (Publ), Singapore Branch v. Asia Pacific Breweries (Singapore) Pte Ltd raised many issues of law, including those of agency, banking, tort and restitution. This note will focus on the restitutionary issues. The Court of Appeal was put in a tough spot of having to balance the justice between two victims of fraud and this may have resulted in a decision that puts the law of unjust enrichment in a difficult position. In APBS, the Court of Appeal has the unenviable task of going down a difficult path of balancing justice …