Category Archives: Unjust enrichment

Golden and Sandrik, ‘A Restitution Perspective on Reasonable Royalties’

Abstract The law of restitution suggests multiple ways to improve reasonable royalty analysis in patent law. Restitution law has substantial experience in addressing issues that also appear in the assessment of reasonable royalties. These issues include problems of reasonably apportioning value among multiple contributions to an overall activity or outcome, assigning burdens of production and […]

Frederick Wilmot-Smith, ‘Should the Payee Pay?’

Abstract Other things being equal, the recipient of a mistaken payment must pay the money back. I argue that no one has given a good explanation of this rule; in particular, I argue that justifications have failed to explain why the payee is the appropriate person to fix the payor’s problem. € Frederick Wilmot-Smith, Should […]

KV Krishnaprasad, ‘Unjust Enrichment in the “Fairchild Enclave”: International Energy Group Ltd v Zurich Insurance plc

Abstract In International Energy Group v Zurich Insurance, the Supreme Court considered the implications of the special rule in Fairchild v Glenhaven Funeral Services Ltd for insurers’ for employers’ liability. The question for the Court was whether, in the light of its earlier decision in Durham v BAI (Run off) Ltd, insurers could be held […]

Noah Vardi, ‘Unjust Enrichment in Recent So-Called “Human Rights Litigation”’

Abstract The use of law and of legal instruments as a means to try and offer reparation for historical wrongs and to pursue ‘historical justice’ is not an unknown phenomenon. This paper would like to focus on a specific case study, relating to the use of a typical institute of private law (unjust enrichment) in […]

Yock Lin Tan, ‘Property in bribes revisited in a cross-disciplinary perspective’

Abstract Taking its point of departure from the decision of the United Kingdom Supreme Court in FHR European Ventures, this article seeks to bring cross-disciplinary perspectives to bear on the question whether an agent should hold the bribe he has received on constructive trust for his principal. Economising models are employed and the results interpreted […]

Andrew Burrows, ‘Illegality after Patel v Mirza

Abstract English law on illegality in private law (eg illegal contracts) has long been regarded as both difficult and unsatisfactory. In 2016, the Supreme Court, sitting as a panel of nine, looked at the area again in Patel v Mirza. Here £620,000 had been paid for the defendant to bet on share prices using inside […]

Frederick Wilmot-Smith, ‘Should the Payee Pay?’

Abstract Other things being equal, the recipient of a mistaken payment must pay the money back. I argue that no one has given a good explanation of this rule; in particular, I argue that justifications have failed to explain why the payee is the appropriate person to fix the payor’s problem. € Frederick Wilmot-Smith, Should […]

Charles Mitchell, ‘Current Issues in Unjust Enrichment: The “Time Value” of Money and Proprietary Remedies for Failure of Basis’

Abstract The paper examines two issues in the English law of unjust enrichment that have been considered in recent case law: whether claims lie for the value of an opportunity to use money, and if so how these should be measured, and whether proprietary remedies should be awarded to claimants who succeed in establishing a […]

‘HLS Private Law Workshop: Rebecca Williams, The ECJ’s “Remedies Jurisprudence” and the Role of Domestic Courts’

“One of the major catalysts behind the resurgence in England and Wales of the law of unjust enrichment has been the influence of fundamental rights jurisprudence of the European Union. Where a member state levies charges on persons contrary to EU law (such as discriminatory taxes), the European Court of Justice (ECJ) recognizes an entitlement […]

Alvin See, ‘Unlocking Wrotham Park damages: Lord Cairns’ Act and loss of the ability to sue for future infringements’

Introduction Damages assessed by reference to a reasonable sum that a claimant could have charged the defendant for the relaxation of the infringed right, especially when awarded in circumstances where the claimant could not establish a traditional head of compensable loss, have attracted considerable debates, particularly relating to their theoretical underpinning. Despite statements by the […]