The WLR Daily case summaries
[2020] WLR(D) 113
Court of Appeal
FM Capital Partners Ltd v Marino and others
[2020] EWCA Civ 245
2020 Jan 28;
Feb 26
Feb 26
Irwin, Simler LJJ, Sir Jack Beatson
Restitution— Unjust enrichment— Money had and received— Defendants obtaining monies from bank and banking counterparties for their benefit and contrary to interests of claimant investment company— Co-defendant entering into settlement agreement and making payment to claimant— Substantive claims split into two separate trials— First defendant ordered to make payment to claimant— Claimant allocating proportion of co-defendant’s payment to remaining defendants— Effect of settlement payment on non-settling defendants— Whether claimant having choice of how recoveries to be appropriated— Whether allocation inappropriate for claims being “obviously unsustainable”