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
Summary, issues, holding and outcome
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Parties
Tokyo Industries (Live) Limited
Claimant
Orbit Tickets Limited
Defendant
Procedural Posture
Commercial Claim / Final Judgment
Legal Issues
- 1 Whether the defendant was unjustly enriched by retaining ticket proceeds and booking fee rebates after the claimant funded the festival
- 2 Whether the enrichment was at the claimant’s expense
- 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
Full Case Text
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