Restitutionary Perplexity: Election, Wrongs, Property, Et Cetera - Smithkline Beecham Plc V Apotex Europe Ltd

Publication Type

Journal Article

Publication Date

1-2006

Abstract

Some interesting issues have been raised by the decision of the Court of Appeal in Smithkline Beecham Plc and others v. Apotex Europe Ltd and others . The most significant appears to be this: in the course of delivering his judgment, Jacob LJ (with whom the rest of the Court of Appeal concurred), expressed the view that “restitution remains based on restoring property or the fruits of property”. This echoes the “property-centric” view most strongly enunciated by Professor Stoljar. But not everyone will agree that Stoljar’s view is representative of contemporary analysis of the various causes of action which might give rise to the remedy of restitution.

Discipline

Property Law and Real Estate

Publication

Lloyd's Maritime and Commercial Law Quarterly

Volume

2006

Issue

3

First Page

295

Last Page

306

ISSN

0306-2945

Publisher

Informa

Additional URL

http://www.i-law.com/ilaw/doc/view.htm?id=130502

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