Source: All England Reporter
Publisher Citation: [2005] All ER (D) 146 (Nov)
Court: Chancery Division

Mann J

Representation David Matthias (instructed by Follett Stock, Truro) for the claimant.
  William Hibbert (instructed by Eversheds, Cardiff) for the defendant.
Judgment Dates: 10 November 2005


Restitution - Unjust enrichment - Investment profit - Claimant alleging that defendant unjustly enriched at his expense - Defendant applying for summary judgment or for claim to be struck out - Whether claimant having arguable claim. .

The Case

The usual instances of unjust enrichment involved the payment of money, or the transfer of property, by a claimant to or for the benefit of the defendant, which of itself either at that time or by the operation of intended facts, produced some form of benefit to the defendant amounting to enrichment. On the facts of the instant case, the defendant could only be said to have been unjustly enriched at the expense of the claimant by the use of language and concepts which were not appropriate to a legal analysis of the situation. Accordingly, the claim would be summarily dismissed.

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