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Lookup NU author(s): Dr Derek WhaymanORCiD
This is the final published version of an article that has been published in its final definitive form by Queen's University Belfast, 2017.
For re-use rights please refer to the publisher's terms and conditions.
This article considers the credit given to dishonest assistants and knowing recipients in claims for disgorgement, with greater focus on dishonest assistance. Traditionally, equity has awarded a parsimonious ‘just allowance’ for work and skill. The language of causation in Novoship (UK) Ltd v Mikhaylyuk [2014] EWCA Civ 908 suggests a more generous restitutionary approach which is at odds with the justification given: prophylaxis. This tension makes the law incoherent. Moreover, the bar to full disgorgement has been set too high, such that the remedy is unavailable in practice. Therefore, even if the restitutionary approach is affirmed, it must be revised.
Author(s): Whayman D
Publication type: Article
Publication status: Published
Journal: Northern Ireland Legal Quarterly
Year: 2017
Volume: 68
Issue: 2
Pages: 181-202
Online publication date: 09/08/2017
Acceptance date: 06/06/2017
Date deposited: 10/08/2017
ISSN (print): 0029-3105
Publisher: Queen's University Belfast
URL: https://nilq.qub.ac.uk/index.php/nilq/article/view/34
