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24 March 2023 / Sarah Allan , Chris Ward
Issue: 8018 / Categories: Features , Commercial
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Unjust enrichment: an all-or-nothing wager?

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Barton v Morris: Sarah Allan & Chris Ward consider the Supreme Court’s reminder that ‘unjust enrichment mends no-one’s bargain’
  • The Supreme Court’s decision in Barton v Morris is expected to be treated as a leading case on the interaction between the law of unjust enrichment and law of contract.
  • A key takeaway is that oral contracts for valuable commercial bargains are to be discouraged, as are claimants who would look to buttress an ailing contractual litigation by alleging a right of action in unjust enrichment.

Sales agents and brokers may often achieve a significant return for a modest work output, but they also invest time and effort facilitating introductions and negotiations that do not proceed to fruition. Wasted work is a fact of life for those operating on commission.

Of course, it is open to commission agents to agree terms stipulating precisely when and how commission is earned, thereby resolving ambiguity, and reducing the risk of fruitless endeavours. In this regard, the story behind Barton and others

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MOVERS & SHAKERS

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
Bill disputes between solicitors and clients should be dealt with by an online portal rather than sent to the Legal Ombudsman (LeO), the Association of Costs Lawyers (ACL) has argued
MPs have warned of an ‘unacceptably high risk of miscarriages of justice’ due to a lack of legal aid and increasing levels of self-representation
The government is considering restricting judicial review challenges against housing schemes, motorways and other major planning applications
Damages-based agreements (DBAs), also known as contingency fees, could be allowed for opt-out collective actions in the Competition Appeal Tribunal
Couples could legally marry almost anywhere, from canal boats to cruise ships at sea, under proposals launched last week
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