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Supreme Court Judgment in Benedetti -v- Sawiris

19/07/13

In an important decision relating to quantum merit claims the Supreme Court laid down some important principles for future cases.

The Justices found that where a restitutionary award is made on the basis of unjust enrichment, it is to be calculated as the value of the benefit received by the defendant at the expense of the claimant. Where the benefit takes the form of services, that will normally be the market value of the services performed. The market value may depend on the personal characteristics of the defendant, such as his buying power in the relevant market.

The judgment is here.

The Supreme Court YouTube summary is here.

Mark Howard QC appeared for Mr Benedetti instructed by Herbert Smith Freehills.