CL-2022-000522 - [2025] EWHC 2739 (Comm)

QUANTUM

In the light of my conclusions as to liability, it is not necessary to assess quantum. Nor, in my view, would it be feasible to attempt to do so as on an alternative basis. Even if I am wrong in the conclusions I reach in section (G) above, it remains the case that large parts of the services RMK provided were covered by the Advisory Agreement and, hence, the remuneration for which it provided. The quantum of any restitution claim would depend on which parts of the services fell outside the Advisory Agreement, as to which there could in principle be almost any number of alternatives. Thus I do not consider that quantum could properly be assessed unless and until the services falling outside the scope of the Advisory Agreement had been identified. That will have to be a matter for another day if and to the extent that, in due course, my conclusions as to liability are held to be incorrect.