Restitution for Wrongs and Gain-Based Remedies in English Private Law

Abstract

Restitution for wrongs, particularly in the form of gain-based remedies, continues to challenge orthodox conceptions of private law remedies in England. This article examines the circumstances in which English courts have awarded disgorgement for breach of contract, breach of fiduciary duty, and other civil wrongs. It analyses the normative justifications advanced for such remedies, including deterrence and protection of legitimate interests, and assesses their compatibility with established legal principles. The article argues that while restitution for wrongs serves important functions, its expansion must be carefully controlled to avoid undermining compensatory frameworks. The article concludes by advocating a restrained and principled approach to gain-based remedies in English law.