FM Capital Partners Ltd v Marino & Ors

Nathan Pillow QC & Anton Dudnikov (instructed by Hogan Lovells International LLP) for the Claimant Laurence Emmett & James Fox (instructed by Cooke Young and Keidan LLP) for the Third Defendant Written Submissions of February 2019 ____________________

ii) As regards the Second Basis whether LAP would have agreed to pay more fees, as alleged by FMCP or at all;

iii) Whether FMCP should give credit for sums recovered from Ms Sj�vaag, Mr Haggiagi and (if any are ever recovered) Mr Marino;

iv) The basis for an award of interest in relation to the equitable compensation for dishonest assistance;

i) Whatever the very real analogies between equitable compensation and damages, the two are in fact distinct. As Lord Reed says in AIB at [136] that liability for breach of trust is "not generally the same as a liability in damages for tort or breach of contract" and at [137] " structural similarities do not however entail that the relevant rules are identical: as in mathematics, isomorphism is not the same as equality ";