The case arise out the Office of Fair Trading (OFT) decision, dated 21 September 2009 (the Decision), in which the OFT imposed an excessive monetary penalty on Lindum at al. The Decision was open to a statutory appeal. However, the parties did not appeal and the deadline has lapsed. The parties started to pay the penalty. The claimants in these proceedings claimed that they are entitled to restitution at common law. The question whether the penalty was too excessive This is a relatively simple issue. In this case, however, it was considered by the court and for this reason I will include it in my comment. The OFT wrongly assumed that the starting point for the penalty should be at least a sum representing 5% (or 7%) of an assumed (not an actual) relevant turnover, whereas 3.5% was
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The UK High Court strikes out a claim for restitution at common law (Lindum)
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