Conclusions
Conclusion
It follows that the claim in restitution succeeds as regards the ticket price proceeds of £600, 878. There will need to be agreement (or further argument and possibly evidence) as regards the element of the rebate (with regard to time of receipt) in relation to which the claim succeeds. There is also an issue as to whether and if so, what interest should be applied.
In handing down a draft of this judgment I invited the parties to agree, so far as possible and before formal hand down of this judgment, a draft order which (a) gave effect to this judgment and dealt with consequential matters and (b) to the extent that such an order could not be agreed, set out a timetable for relevant submissions and the bringing back of the matter before the court. I have helpfully been provided with such a draft order with some points that were not agreed but which the parties invited me to resolve on the papers without a further hearing. For the reasons I set out in the order as approved by me, I make the further order as invited to, resolving the remaining issues in dispute. In summary, judgment is entered for the sum of £605,503.75 in damages, plus interest in the sum of £117,709.92. A total of £723,213.67. The Defendant is ordered to pay the claimant’s costs, with a payment on account.
- Heading
- HH Judge Davis-White KC
- The SSD companies
- The Defendant, Ticketline
- Mr Mellor and Tokyo
- The Parties and representation
- THE WITNESSES
- THE FACTUAL HISTORY
- 2017-18
- Section 9
- Section 10
- Section 11
- Section 12
- ` Or words to that effect
- Section 14
- Section 15
- The Three Options: July 2022
- Heads of Terms: 28 July 2022
- 29 July to 8 August 2022
- Draft Settlement Agreement 9 August 2022
- The nature of the loans made by Ticketline and the question of ticket refunds
- Unjust enrichment
- Has the Defendant benefitted in the sense of being enriched?
- Was the enrichment at the Claimant’s expense?
- Was the enrichment unjust?
- Fiduciary claim
- Conclusions
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