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Brad Pomfret

Brad Pomfret is a barrister at 23ES Chambers, 1 Gray’s Inn Square, London WC1R 5AA and 41 Spring Gardens, Manchester M2 2BG. His specialisms include banking litigation, where he acts for a variety of lender clients. 

bradpomfret@23es.com

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Where does Barton v Morris leave the law of unjust enrichment in relation to payment for services provided under a contract?

A majority decision of the UK Supreme Court, Barton v Morris [2023] UKSC 3, handed down in January this year confirmed the existence of the subsisting contract rule, the effect of which is that where services are provided under a valid contract no claim to payment will generally lie in unjust enrichment, the parties’ rights and obligations being limited to those provided for by the contract.

1 JUL 2023