ABSTRACT
This essay addresses the question: when should pre-citation interest be awarded in actions for unjustified enrichment in Scots law? The answer depends mainly on the definition of the elements of enrichment liability, the manner of acquiring the enrichment, the type of enrichment-debtor, and his or her state of mind. The essay argues that (a) generally the actual interest earned (or saved) should be awarded, aided by a rebuttable presumption that interest was earned at a specified rate; (b) interest should normally be awarded at market rates where the defender knows that s/he holds the money or asset unjustifiably; and (c) in enrichment by interference with the pursuer’s rights to money or other assets, an interest award might represent the time-value of exercising those rights during the period of interference.
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Daniel Visser and Niall R Whitty, The Role of Interest in Unjustified Enrichment Claims, Edinburgh Law Review, Volume 25, Issue 1, January 2021.
First posted 2021-01-21 11:46:23
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