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United Kingdom Leading Case frameworkdirect transferrecovery

Investment Trust Companies v Revenue and Customs Commissioners

[2017] UKSC 29
JurisdictionUnited Kingdom
CourtSupreme Court of the United Kingdom
Year2017
StatusBinding authority

Key Principle

Lord Reed clarified the unjust enrichment framework: the 'at the expense of' requirement means a direct transfer of value, and the unjust factor must be established (absence of basis is not the English approach).

Area of Law

trusts

Related Cases

Test Claimants in the FII Group Litigation v HMRC (No 2) [2020] UKSC 47
Children's Investment Fund Foundation v Attorney General [2020] UKSC 33
Swynson Ltd v Lowick Rose LLP [2017] UKSC 32

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