Restitution for unjust enrichment—elements of the claim

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Published by a LexisNexis Dispute Resolution expert
Practice notes
In-house

Restitution for unjust enrichment—elements of the claim

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes
In-house
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What is unjust enrichment and when is it used?

A Claim based on unjust enrichment is one which seeks to restore to an innocent party the gains that someone else has obtained from them. It is part of the equitable remedy of Restitution, on which see: Restitution and unjust enrichment—overview.

A claim for unjust enrichment may be an appropriate basis of claim in a variety of scenarios, such as where money or property has been paid or transferred away by mistake.

A claim to recover a payment in restitution for unjust enrichment requires the pleading of the fact that the payment has been made as this is a necessary ingredient of the cause of action. It is not until payment has been made that the cause of action is complete.

While a claim for restitution for unjust enrichment does not require a wrongful act by the defendant, many restitutionary claims are brought in consequence of some form of alleged wrongdoing by the defendant. See Practice Notes:

  1. •

    Restitution for wrongful acts

  2. •

    Fiduciary

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Restitution definition
What does Restitution mean?

Restitution is concerned with reversing one party’s unfair or unjust benefit at the expense of another party. The purpose of a claim of restitution, therefore, is not to compensate the claimant for a loss but to deprive the defendant of a benefit.

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