In this episode, we look at the issue of unjust enrichment and the stultification (blocking or interference with) of public policy defence. In one corner, Lord Burrows (for the majority) argues a restitutionary remedy is sufficiently distinct to avoid stultifying legislation about public contracts. In the other, Lord Briggs of Westbourne argues that public policy should win out over restitution. Who is right?
Link to case: [2023] UKPC 26, T&T
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