Jurisdiction(s):
United Kingdom

Unjust Enrichment in England and Wales: Case Summaries on Enrichment, At the Claimant’s Expense, Unjust Factors and Defences (2022-2026)

Published by a LexisNexis Dispute Resolution expert

Practice notes

Practice Note: Unjust enrichment—elements of the claim

As outlined in this Practice Note, unjust enrichment claims usually turn on four matters:

the defendant has been enriched
the enrichment was obtained at the claimant’s expense
an ‘unjust factor’ makes it improper for the defendant to keep that enrichment
the defendant may have a particular defence

Such claims are intensely fact-sensitive. This Practice Note sets out examples of the courts’ approach in practice and demonstrates the wide spectrum of situations in which unjust enrichment may arise.

Case details

DMA Resources Ltd v Brazilian Nickel Ltd [2026] EWHC 833 (Ch) — 21 April 2026
Brief outline of facts: An investment introducer claimed commission after allegedly reintroducing Resource Capital Funds (RCF) to the defendant, which led to RCF investing in the defendant’s mining project.
Nature of defendant’s enrichment: The defendant received investment from RCF.
Outcome: The court rejected the existence of an enforceable agreement, but the claimant nonetheless succeeded in unjust enrichment.
‘At the claimant’s expense’: The claimant was the party
Why was the enrichment ‘unjust’?
Defences to restitution?
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Web page updated on 22/05/2026

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