From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA> on behalf of Lionel Smith <lionel.smith@MCGILL.CA>

Sent: Wednesday 27 August 2025 10:34

To: ENRICHMENT@LISTS.MCGILL.CA

Subject: [RDG] Recent cases

Some interesting effects of the decision in Byers can be seen in Humphrey v Bennett [2025] EWHC 448 (Ch), a long-running saga. This episode concerns some contentious amendments to the pleadings. There is some interesting discussion of s 29 of the LRA 2002, of 'want of authority' as a ground of unjust enrichment liability, and of pleading issues. Since it is all about amendments, though, nothing is really resolved as a matter of law ...

On the crypto front, the lengthy judgment in D'Aloia v Persons Unknown [2024] EWHC 2342 (Ch); [2025] 1 WLR 821 may be of interest. This jumped out at me personally:

[5] ... USDT attract property rights under English law. It is neither a chose in action nor a chose in possession, but rather a distinct form of property not premised on an underlying legal right. It can be the subject of tracing and can constitute trust property in the same way as other property.

The discussion of the nature of 'property' ([104]-[173]) includes some interesting cases and a great deal of academic commentary, and concludes in part ([173]): 'I have concluded that: as a matter of existing English case law an expectation can suffice for the foundation of property rights even in the absence of a legal relationship...'

Lionel

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