“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 recovery it specifies are justifiable. This article seeks to address that problem. It seeks to identify the reasons for restitution that any properly constructed system of private law ought to recognise. Unfortunately, the account presented here has a poorer fit, in some respects, with English law than it does with that in many other systems, both common law and civilian …”
Robert Stevens, ‘The unjust enrichment disaster’ (2018) 134 Law Quarterly Review (Oct) 574.