Dear Colleagues,

The Court of Appeal handed down judgment last week in Ramzan v Brookwide Ltd [2011] EWCA Civ 985 http://www.bailii.org/ew/cases/EWCA/Civ/2011/985.html, a case described as arising out of an ‘extraordinary state of affairs’. It involved the expropriation of a room owned as a “flying freehold” by the claimant, who used the room as a storeroom for his neighbouring curry restaurant. There are interesting observations about cumulative versus alternative remedies, and an award of exemplary damages was upheld (although reduced). Oddly, as Arden LJ notes at [57], Tang Man Sit was not cited to the court.

Best wishes,

--
James Lee
Lecturer and Director of Careers
Academic Fellow of the Inner Temple

Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom

Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk

Web: http://www.birmingham.ac.uk/staff/profiles/law/lee-james.aspx

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From:	Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To:	ENRICHMENT@LISTS.MCGILL.CA
Date:	22/08/2011 11:43:58 UTC
Subject:	[RDG] Election of Remedies in the English Court of Appeal