FM Capital Partners Ltd v Marino

Subject Matter

TORT — Cause of action — Deceit

[2018] EWHC 1768 (Comm), QBD

[2018] EWHC 2905 (Comm), QBD

RESTITUTION — Tort — Bribery — Defendant directors of claimant company receiving commissions from bank — Claimant bringing claim for breach of fiduciary duty, dishonest assistance and bribery — Second defendant settling claims against him before matter coming to trial — Trial of remaining claims split into two phases — First defendant found to be liable in first phase — Claimant electing account of profits and restitution of bribes — Claimant giving credit for sums recovered from second defendant by allocating bulk of monies recovered to second phase — Whether recoveries from settling defendant relevant to obligation to make restitution for receipt of bribes — Whether claimant having choice of how recoveries to be allocated

[2020] EWCA Civ 245; [2021] QB 1; [2020] 3 WLR 109; [2020] WLR(D) 113, CA

Appellate History

Commentary

Blackstones Civil Practice 2023
Restitution 4.21