Subscribers with an interest in unjust enrichment may be interested in skimming the Advice of the Privy Council in Skandinaviska
Enskilda Banken AB (Publ) v Conway & Anor (as Joint Official Liquidators of Weavering Macro Fixed Income Fund Ltd) [2019]
UKPC 36, available at <http://www.bailii.org/uk/cases/UKPC/2019/36.html>.
Basis of action of return of fraudulent preferences in insolvency where statute afford no cause of action by itself; fairly clear(?), between the lines, on distinction between title-based claims and unjust enrichment claims; enrichment of trustees on receipt
of monies (yes at common law, if not acting as agent); change of position (unavailable in principle (stultification, leaving the correctness of some authorities undecided), and on facts). Some history woven in, in parts. Partial dissent by Sir Donnell Deeny
(with whom Lord Wilson agreed); perhaps I simply haven't read enough UKPC judgments, and would happily be corrected on this point, but I've the impression that NI judges do not often sit on the JCPC.
Best wishes
Mat Campbell
Lecturer, School of Law, University of Glasgow.