Claims in Unjustified Enrichment to Recover Money Paid Pursuant to a Common Liability

Abstract

This article discusses claims in unjustified enrichment to recover money paid pursuant to a common liability, and considers how the principles underlying such claims are reflected in the pleading rules which govern them. The discussion includes claims in unjustified enrichment to recover money paid pursuant to those joint, joint and several, and several liabilities which are owed to the same third party in respect of the same debt or damage. Comparisons are drawn with similar claims under Roman and German law, and the decision of the Inner House in Caledonia North Sea Ltd v London Bridge Engineering Ltd1 is reviewed.