James Ramsden QC secures success on appeal in unjust enrichment – change of position claim

On 20th July 2021 judgment on appeal was handed down in Atkinson & Mummery v GPDL, Varma & Others [2021] EWHC 2027 (Ch).

The appeal was by the joint liquidators of Grosvenor Property Developments Ltd from dismissal at trial of all claims against Siddanth Varma arising out of the collapse of the development of the Grosvenor Hotel in Bristol.  James Ramsden QC of Astraea Group represented Siddanth Varma at trial as sole counsel and on appeal leading Oliver Hyams of Gatehouse Chambers. The appeal was limited to the claims in unjust enrichment and change of position. The appellate court made important observations about the application of the balancing exercise required in assessing the relative position of innocent recipients of stolen funds. It upheld the trial judge’s conclusions on change of position and upheld the dismissal of all claims against Mr Varma.

The judgment and first instance judgment can be accessed here:

https://www.bailii.org/ew/cases/EWHC/Ch/2020/1868.html

https://www.bailii.org/ew/cases/EWHC/Ch/2021/2027.html

The information provided in this article is of a general nature and does not constitute, nor should be relied on, as legal or professional advice.