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Guest alan703

Scottish Help RE Unjust Enrichment

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Guest alan703

I have two court cases on the go - but figured this would be better as a separate thread, so that it was easy to find for anyone else in the same position.

 

Can anyone provide the legal and factual argument that is required to claim recompense for unjust enrichment. I need this info for court, but don't know where to find it. Is it not enough to state " the enrichment lacks a legal ground to justify the retention of the benefit"

 

I claimed recompense, as in the Dollar Land PLC Vs C.I.N Properties Ltd case

 

According to the terminology currently used in Scots law the expression repetition is used to describe the remedy where the pursuer seeks an order for repayment of a sum of money, and restitution is used to describe the remedy where the order sought is for the return of moveable property. Where the remedy sought is an order for payment of a sum representing the value of the benefit which the other party has enjoyed, the expression which is used to describe it is recompense. Recompense will usually involve a process of assessment, as it requires a value to be placed on the benefit.

 

In the context of the written pleadings which are used in our practice the pursuer is expected to state the nature of the remedy which he seeks, as well as the legal basis for it. For my part I see no harm in the continued use of these expressions to describe the various remedies, so long as it is understood that they are being used merely to describe the nature of the remedy which the court is being asked to provide in order to redress the enrichment. The event which gives rise to the granting of the remedy is the enrichment. In general terms it may be said that the remedy is available where the enrichment lacks a legal ground to justify the retention of the benefit. In such circumstances it is held to be unjust.

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