Restitution, unjust enrichment and related claims

The practical guidance content in this subtopic covers the range of what may be termed ‘restitutionary’ remedies. In the English language, ‘restitution’ means the act of returning something to its rightful owner. In a legal context ‘restitution’ can appear in various forms as a potential remedy to a claim. For example:

1. •

   C pays money to D by mistake (when C meant to pay A), C may seek to recover return of their money from D. Depending on the factual scenario involved, this may present as a claim for unjust enrichment (on the basis D has been unjustly enriched at C’s expense)

2. •

   other times, ‘restitution’ whether of property or of a gain wrongfully made may be available where the defendant has committed a wrong, a breach of contract, an equitable wrong, a breach of statutory duty etc (this is different to an award of damages for breach of contract or tort, on which see Practice Note: Claiming damages—tort and contract claims compared and related content) or the court may award compensation under its equitable jurisdiction

3. •

   sometimes the factual scenario involves misappropriation of property where the claimant