R McDonald v Coys of Kensington Ltd: CA 5 Feb 2004

The claimants were car auctioneers. They had been instructed to sell a car, but to withhold the cherished number plate. By mistake it was transferred with the car. Before the plate could be returned, the defendant had transferred it to his partner.
Held: The fact that it had been disposed of under circumstances where the purchaser could realise the benefit transferred, or recover it easily, meant that it should have been. Four questions were to be answered; had the defendant been unjustly enriched; was the enrichment at the expense of the claimant, was the enrichment unjust, and was there any defence available such as change of position.


Lord Justice Mance Lord Justice Thorpe Mr Justice Wilson


[2004] EWCA Civ 47, Gazette 11-Mar-2004, [2004] 1 WLR 2775




Vehicle Excise and Registration Act 1994 21


England and Wales

Cited by:

CitedCharter Plc and Another v City Index Ltd and others ChD 12-Oct-2006
An employee of the claimant had fraudulently spent several million pounds of the claimant’s money on personal bets through the defendant company. The claimant said that the defendants knew the origin of the funds and were liable to repay them. . .
CitedBenedetti v Sawiris and Others SC 17-Jul-2013
The claimant appealed against reduction of the sum awarded on his claim for a quantum meruit after helping to facilitate a very substantial business deal for the defendants.
Held: The correct approach to the amount to be paid by way of a . .
Lists of cited by and citing cases may be incomplete.

Road Traffic, Contract

Updated: 09 June 2022; Ref: scu.192640