“Since Lord Rodger observed that ‘[d]iscussions of unjust enrichment are bedevilled by language which is often almost impenetrable’ (Shilliday v Smith, 1998 SC 725 at 727; 1998 SLT 976 at 977-978), uncertainty has continued to result from difficulties with this area of law’s working vocabulary (Revenue and Customs Commissioners v Investment Trust Companies [2017] UKSC 29; [2018] AC 275 at [38]). The judgment of the Court of Appeal in Dargamo Holdings Ltd v Avonwick Holdings Ltd [2021] EWCA Civ 1149 points to a significant, desirable development in this regard: we should stop talking about the subsidiarity of unjust enrichment …”
€ (Westlaw)
Mat Campbell, ‘Against the subsidiarity of unjust enrichment’ (2022) 138 Law Quarterly Review (July) 368-370.
First posted 2022-06-03 18:00:35
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