1. Recent developments and current issues in the law of unjust enrichment Laurence Rabinowitz QC

2. Outline
The simple structure of the law of unjust enrichment – a review and reminder.
Some recent developments – problem areas and controversies:
Third party claims – indirect receipt
The problem of measuring the enrichment

3. The basic structure of claims in unjust enrichment
The four core questions that determine whether there is a claim in unjust enrichment:
Whether the defendant had been enriched;
Whether the enrichment was at the claimant’s expense;
Whether the enrichment was unjust;
Whether there were any defences available to the defendant;
See, for example:
Benedetti v Sawiris [2014] AC 938, [10];
Banque Financière de la Cité v Parc (Battersea) Ltd [1999] 1 AC 221, 227 (Lord Steyn)

4. The basic structure of claims in unjust enrichment
Some of the key cases:
Woolwich Equitable Building Society v IRC [1993] AC 70;
Kleinwort Benson v Birmingham City Council [1997] QB 380
Deutsche Morgan Grenfell v IRC [2007] 1 AC 558

5. THE INDIRECT PAYEE ISSUE
The issue
The recent cases:
TFL Management Services v Lloyd’s TSB Bank plc [2014] 1 WLR 2006, [57] (Floyd LJ);
Relfo Ltd v Varsani (No 2) [2015] 1 BCLC 14, [96] (Arden LJ);
Bank of Cyprus UK Ltd v Menelaou [2016] 2 ALL ER 913;
Investment Trust Companies v HMRC [2015] EWCA Civ 82, [67] (Patten LJ) – Supreme Court appeal heard on 17–19 May

6. The enrichment – the problem of measurement
The issue
The recent cases:
Sempra Metals v IRC [2008] 1 AC 561;
Benedetti v Sawiris [2014] AC 938;
Littlewoods Retail v HMRC [2015] EWCA Civ 515