Common Law Claim For Restitution (Only applies to the legal owner = ltd company or trustee))

4 important questions on Common Law Claim For Restitution (Only applies to the legal owner = ltd company or trustee))

Are claims available to claimants that do not hold legal title to the property that has been misappropriated?

No, the claimant must be the legal owner, e.g. the claimant can be an Ltd company/trustee but not a beneficiary who only holds an equitable interest.

Is it necessary to prove any wrongdoing on the part of the defendant when proving unjust enrichment?

No need to prove wrongdoing on the part of the defendant as the defendant does not have to be the person that deprived the claimant of their property and instead can be someone who innocently receives property later.

Can common law tracing identify the claimant's money once it has passed through a MIXED fund?

No mixing prior to receipt by the defendant.
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Is it possible to bring a restitution claim against a bona fide purchaser?

It is not possible to bring a restitution claim against a bona fide purchaser who has provided full consideration and therefore cannot be unjustly enriched.

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