Shilliday v Smith: SCS 2 Apr 1998

The phrase ‘causa data causa non secuta’ is used not to describe a remedy as such, but rather to describe one particular group of situations in which the law may provide a remedy because one party is unjustifiably enriched at the expense of the other.

Judges:

Lord President Rodger

Citations:

[1998] ScotCS CSIH – 121, 1998 SC 725, [1998] CSIH 121, 1998 SLT 976

Links:

Bailii

Jurisdiction:

Scotland

Cited by:

CitedLloyds TSB Foundation for Scotland v Lloyds Banking Group Plc SC 23-Jan-2013
A predecessor bank had created a trust into which it paid a small proportion of its profits. The parties now disputed the calculation of profits when the Bank declared a loss which allowed for an unrealised gain on the acquisition of HBOS. . .
Lists of cited by and citing cases may be incomplete.

Contract

Updated: 22 July 2022; Ref: scu.279592