Lipkin Gorman v Karpnale Ltd

A recipient of stolen money is liable to repay it as unjust enrichment, unless he can rely on the defence of change of position.

Citation
[1991] 2 AC 548
Court
House of Lords
Year
1991
Subject
Equity and Trusts
Topic
Tracing and third party liability

Facts

Mr Cass, a partner in the firm of solicitors Lipkin Gorman, stole money from the firm's client account and gambled it away at the Playboy Club, which was owned by Karpnale. The club had received the money in good faith, and had paid out some of it to Mr Cass as winnings. The firm sued the club to recover the money.

Legal principle

The House of Lords held that the club was liable to repay the money, less the amount it had paid out to Mr Cass as winnings. Lord Goff said that the claim was based on unjust enrichment, because the club had received the firm's money without giving valid consideration, since gaming contracts were then void. He recognised for the first time the defence of change of position, which allows an innocent recipient to resist a claim to the extent that he has changed his position in good faith in reliance on the receipt. The club had changed its position by paying out winnings.

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