Category Archives: Unjust enrichment

‘A short note on the quantification of enrichment in HKR Middle East Architects Engineering LC v English

“In two previous posts (here and here), I have looked at issues arising out of McDonald J’s judgments in HKR Middle East Architects Engineering LC v English (No 1) [2019] IEHC 306 (10 May 2019); (No 2) [2021] IEHC 142 (3 March 2021); (No 3) [2021] IEHC 376 (31 May 2021). In HKR v English […]

Francesco Schurr, ‘Distribution of foundation assets to another foundation or trust – powers of the trustees and claims based on unjust enrichment’

ABSTRACT The article deals with fundamental questions regarding the distribution carried out by a Liechtenstein foundation to another foundation and/or trust instead of a direct distribution to the beneficiaries. In principle, this phenomenon partly falls under the concept that is labelled as ‘decanting’ within the private client law community. One of the key advantages of […]

Adrienne Davis, ‘Corrective Justice and Reparations for Black Slavery’

EXTRACT Over the last two decades, legal scholarship has been catching up with the more than century old calls by black Americans for reparations. Tax scholar Boris Bittker (in)famously launched the viability of black reparations into legal scholarship with his now classic monograph, The Case for Black Reparations. However, it would take more than twenty […]

A Christian Airhart, ‘Sanctity of Contracts in a Secular Age: Equity, Fairness and Enrichment by Stephen Waddams’

ABSTRACT What conditions must be met before the law will enforce a promise? If one asks lawyers and students from across the common law world, they will answer: an offer, an acceptance of the offer, and a mutual exchange of value. Of course, they will add, it is not as simple as that; such a […]

‘Was there an automatic resulting trust in HKR Middle East Architects Engineering LC v English?’

“In my previous post, I discussed the unjust enrichment claim that was at least partially successful in HKR Middle East Architects Engineering LC v English (No 1) [2019] IEHC 306 (10 May 2019); (No 2) [2021] IEHC 142 (3 March 2021); (No 3) [2021] IEHC 376 (31 May 2021). In this post, I want briefly […]

‘Unjust enrichment by failure of consideration: HKR Middle East Architects Engineering LC v English

“The Abu Dhabi Plaza (pictured left), in Nur-Sultan (formerly Astana), the capital city of Kazakhstan, is the highest building in Kazakhstan and Central Asia. It was designed by HKR Middle East (HKRME) Architects in the United Arab Emirates, whose principal was Dublin architect Jeremiah Ryan. To keep his UAE receipts beyond the reach of his […]

Alan Roxburgh, ‘Knowing receipt: a question of priorities’

ABSTRACT The recent judgment of Fancourt J in Byers v Samba Financial Group considers whether a transferee of trust assets who has taken free of the beneficiary’s proprietary interest under the applicable foreign law of property can nevertheless be exposed to personal liability under the English law of knowing receipt. The issue, as the Judge […]

Sonali Walpola, ‘After the Australia Acts: the High Court’s attitude to changing the common law (1987-2016)’

ABSTRACT The end of Privy Council appeals in 1986 was a transformative event in Australia’s common law history. This article examines the High Court of Australia’s attitude to changing common law doctrines in the period 1987-2016, covering the Mason, Brennan, Gleeson and French Courts. Throughout this period, it is shown that the Court has consistently […]

Jonathan Silver, ‘Tracing Delusions’

ABSTRACT Claims involving substitute assets are not concerned with hard-headed property rights. The process of identifying a substitute asset, the process we describe as tracing, is a normative one, not one forced upon us by any rigid rules governed by the law of property. Consequently, claims in respect of substitute assets should be determined by […]

‘Another Student Sues a University Based on COVID-Related Claims’

“Czigany Beck sued Manhattan College, alleging breach of contract, conversion, unjust enrichment, and consumer protection claims. In a recent opinion, the Southern District of New York dismissed all of Beck’s claims except for her claim for a tuition refund based on unjust enrichment. The story is familiar. Ms. Beck enrolled in college for the Spring […]