New Judgment: Benedetti v Sawiris & Ors  UKSC 50
17 Wednesday Jul 2013
On appeal from:  EWCA Civ 1427.
Concerned the manner in which a court should calculate the amount of money that a person who has been unjustly enriched by the receipt of services must pay to the provider of those services by way of restitution. Held: where a restitutionary award was made on the basis of unjust enrichment, it was to be calculated as the value of the benefit received by the defendant at the expense of the claimant. Where the benefit took the form of services, that would normally be the market value of the services performed. Lord Clarke (with whom Lords Kerr and Wilson agree) suggested that the sum to be awarded could be reduced on the basis that the defendant subjectively valued the services that he received at less than the market value (subjective devaluation). It was not, however, possible (save perhaps in exceptional circumstances) to increase the amount awarded to a claimant on the basis that he valued the services at more than the market price (subjective revaluation).