Category Archives: Unjust enrichment

Ancient Order of Foresters in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd

“The High Court has dismissed an appeal against a decision of the Full Federal Court of Australia regarding the principles governing the causal link required for the imposition and calculation of an account of profits where profits were made by a knowing participant in a dishonest and fraudulent breach of fiduciary duty, and has allowed […]

Jo Braithwaite, ‘Thirty years of ultra vires: Local authorities, national courts and the global derivatives markets’

Abstract Between 1987 and 1989, Hammersmith and Fulham London Borough Council entered into nearly 600 derivatives transactions. In 1991, the House of Lords held that it lacked the capacity to do so and the contracts were therefore void. Taking this landmark litigation as its starting point, this article seeks to explain the persistence and evolution […]

Seaman, Cotter, Love, Siebrasse and Suzuki, ‘Lost Profits and Disgorgement’

Abstract This book chapter addresses two types of monetary remedies for patent infringement: (1) recovery of the patentee’s lost profits and (2) disgorgement of the infringer’s profits. Both remedies make a comparison between what actually happened and a hypothetical ‘but for’ world in which no infringement occurred. But the two remedies have substantially different objectives: […]

Robert Stevens, ‘The unjust enrichment disaster’

“The decisions of the UK Supreme Court in Revenue and Customs Commissioners v Investment Trust Companies and Lowick Rose LLP v Swynson Ltd have retreated from a more expansive approach to the law of restitution. Although these cases are to be warmly welcomed, the court is unable to articulate why the kinds of limitations on […]

Paul Buckle, ‘Another wrong turn? The rule in Hastings-Bass in Guernsey’

Abstract In this article, Paul Buckle explores the way in which the jurisdiction of Guernsey has reacted to the Supreme Court’s recasting of the rule in Hastings-Bass, with particular focus on the case of M v St Annes Trustees Limited. € Paul Buckle, Another wrong turn? The rule in Hastings-Bass in Guernsey, Trusts and Trustees, […]

Nikolaos Davrados, ‘Demystifying Enrichment Without Cause’

Abstract This Article explores two mysteries surrounding the theory of enrichment without cause that still bedevil scholars and the courts – the theory’s foundation and its scope of application. Part I examines the history, characteristic features, and underlying principles of enrichment without cause as a source of obligations and a special expression of the more […]

‘Fore! Wayward golf winnings, restitution of mistaken payments, and interceptive substraction’

“Last month, English golfer Tommy Fleetwood came twelfth in The Open golf championship. Earlier this month, Thomas Fleetwood had the St£120,000 (US$154,480, €133,000) winnings deposited in his bank account. There doesn’t seem anything exceptional in that story, so let’s try again. Last month, British golfer Tommy Fleetwood came twelfth in The Open golf championship. Earlier […]

Andrew Butler and Nathaniel Walker, ‘New Zealand developments in equitable tracing and subrogation: overuse and underuse’

Abstract In this article, the authors examine developments in the field of equitable tracing and subrogation. The focus is on the disputed ability of a claimant (eg a wronged beneficiary) to trace misappropriated funds that have been used to pay down debt (‘backwards tracing’). The Privy Council recently considered this issue in the context of […]

Hanoch Dagan, ‘Autonomy, Relational Justice, and the Law of Restitution’

Abstract The thesis of this essay is that, like the other branches of private law, the law of restitution and unjust enrichment is by and large autonomy-enhancing and therefore complies with the liberal conception of just relationships. Like the traditionalist view of private law, this account of private law emphasizes private law’s freestanding significance in […]

Samuel Beswick, ‘The Discoverability of Mistakes of Law’

Abstract With unprecedented legal reforms looming upon Brexit, trouble in the drafting and application of laws seem inevitable. It may be decades before the implications are fully appreciated. Actions taken on the basis of a statutory provision that is later held to be void, or on a past precedent that is overruled, may found a […]