Unjustified Enrichment in Scots Law Twenty Years On

This article argues that the past twenty years of development in the Scots Law of unjustified enrichment have been constructive ones, but the revolution in thought, both academic and judicial, remains incomplete. The available remedies have been clearly united under a principle of unjustified enrichment, but doubts remain as to whether a single action should be developed. It is argued, on the question of taxonomy, that development of a neo-civilian approach would be both logical and in accordance with the Roman roots of Scots Law. Temptations to codify should be resisted for the present, while the common law continues to demonstrate its capacity for inventive reform.This article argues that the past twenty years of development in the Scots Law of unjustified enrichment have been constructive ones, but the revolution in thought, both academic and judicial, remains incomplete. The available remedies have been clearly united under a principle of unjustified enrichment, but doubts remain as to whether a single action should be developed. It is argued, on the question of taxonomy, that development of a neo-civilian approach would be both logical and in accordance with the Roman roots of Scots Law. Temptations to codify should be resisted for the present, while the common law continues to demonstrate its capacity for inventive reform.