Writing in NLJ this week, barrister Mark Pawlowski, professor emeritus of property law at the University of Greenwich, examines the remedies available and the obstacles claimants face.
Rescission usually sets aside the whole transaction, although victims who received a direct benefit may have to make restitution. Where restoring the parties’ original positions is impossible, courts can seek a practically just outcome.
Cases involving singer Gilbert O’Sullivan and footballer Papiss Cissé illustrate how accounts of profits can provide redress. Equitable compensation may also be available where fiduciary duties have been breached.
However, affirmation, acquiescence, estoppel and change of position can bar relief. Severance remains unusual: courts will not normally construct ‘a different transaction’ for someone whose consent was compromised. The circumstances determine which remedy offers meaningful redress.
