“…ucceed in a claim in unjust enrichment because such a claim was barred by the principle in Macdonald Dickens & Macklin (a firm) v Costello & Ors [2012] QB 244; [2011] EWCA Civ 930.He also stated that, had it been necessary, he would have decided that the value of the benefit to the vendor of the introduction of a party which completed th…”
“…At [41] to [46] he dealt with Mr Jory QC’s argument based on the decision of the Court of Appeal in MacDonald, Dickens & Macklin v Costello [2011] EWCA Civ 930 that a restitutionary claim should not be allowed to undermine a contract in which the parties chose to allocate the risks of the transaction. He held that req…”
“…The third ground of appeal advanced by Mr Couser in his written submissions based upon MacDonald, Dickens & Macklin v Costello [2011] EWCA Civ 930 is not pressed hard and Mr McKellar did not make further submissions orally. This is scarcely surprising since, as Mr Couser’s submissions recognise, the point…”