ABSTRACT
In English law, there is no general recognition of the defence of change of position in the context of restitutionary claims. The usual approach adopted by the courts is based on estoppel, which has limitations that makes it unsuitable to restituionary claims. The estoppel is based upon a representation by the plaintiff, whether express or implied, that the defendant is entitled to treat the money as his own. The mere payment of money under a mistake, cannot, by itself, constitute a representation which will estop the payer from asserting his right to receive his payment.
