Unjust Enrichment

August 10th, 2021

The most common defences to restitution claims are limitation and change of position. How far does a defendant have to go in proving the irreversibility of the unjust enrichment for the purposes of the change of position defence? Not so far as to pursue litigation in mitigation of loss if there is “little chance of recovery”. See paragraph 76 in Atkinson v Varma (2021) EWHC 2027 (Ch).

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