Tokyo Industries (Live) Limited v Orbit Tickets Limited

Tokyo Industries (Live) Limited v Orbit Tickets Limited

The defendant was unjustly enriched by retaining ticket proceeds and booking fee rebates after the claimant funded the festival, as the enrichment was at the claimant’s expense and unjust due to failure of the agreed basis. The parties negotiated directly, and Tokyo’s payments were not gratuitous but made in reliance on an agreed deal. No binding contract was concluded, but the shared basis failed, entitling Tokyo to restitution. No defences were established.

Parties
Claimant: Tokyo Industries (Live) Limited; Defendant: Orbit Tickets Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2025
Procedural Posture
Commercial Claim / Final Judgment
Outcome
Claim in restitution succeeds. Judgment for claimant.
Legal Topics
Failure of Basis, Restitutionary Remedies, Ticketing Agency Liability, Event Cancellation, Fiduciary Duties

Case Brief

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Parties

Tokyo Industries (Live) Limited

Claimant

Orbit Tickets Limited

Defendant

Procedural Posture

Commercial Claim / Final Judgment

  1. 1 Whether the defendant was unjustly enriched by retaining ticket proceeds and booking fee rebates after the claimant funded the festival
  2. 2 Whether the enrichment was at the claimant’s expense
  3. 3 Whether the enrichment was unjust due to failure of basis

Ratio Decidendi

The defendant was unjustly enriched by retaining ticket proceeds and booking fee rebates after the claimant funded the festival, as the enrichment was at the claimant’s expense and unjust due to failure of the agreed basis. The parties negotiated directly, and Tokyo’s payments were not gratuitous but made in reliance on an agreed deal. No binding contract was concluded, but the shared basis failed, entitling Tokyo to restitution. No defences were established.

Court Disposition

Claim in restitution succeeds. Judgment for claimant.

Orders

  • Defendant to pay claimant £605,503.75 in damages
  • Defendant to pay interest of £117,709.92