The Development Of Unjust Enrichment In The Channel Islands

In response to criticisms made by the Guernsey Court of Appeal in the Investec v Glenalla, litigation, this article charts the progress of the law of unjust enrichment in Jersey and Guernsey, and attempts to identify its underlying principle. In Guernsey, the position since Investec is unclear, but Jersey has grounded cases of unjust enrichment very much in équité, and applied what it sees as a vibrant doctrine increasingly widely. Whilst that is to be welcomed, limits must still be observed to preserve commercial certainty and avoid unjust enrichment becoming no more than a discretion of the court.