In relation to a plea of economic duress the trial judge, His Honour Judge Diamond QC, had directed himself ‘impeccably’ by reference to principles stated in Snell ‘s Equity 29th ed. and Goff and Jones on the Law of Restitution. The defence of duress requires counter restitution.
Judges:
Sir Richard Scott VC
Citations:
[1999] EWCA Civ 1427
Jurisdiction:
England and Wales
Cited by:
Cited – Halpern and Another v Halpern and others ComC 4-Jul-2006
The court considered whether a party can avoid a contract procured by duress in circumstances where he cannot offer the other party substantial restitutio in integrum.
Held: Unless the claimant could offer counter-restitution, the remedy of . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 09 December 2022; Ref: scu.146342
