ABSTRACT
Two recent English Court of Appeal decisions deal with the change of position defence, applicable in cases of restitution for unjust enrichment.1
The decisions are Niru Battery Manufacturing Company v Milestone Trading Limited 2 (the Niru Battery case) and Jones v Commerzbank AG 3 (the Commerzbank case). In both, the conclusions reached are within accepted principle, and thus not startling. What is remarkable, however, is the breadth of discussion on the operation of the defence.
