McDonald v Coys of Kensington (Sales) Ltd [2004] EWCA Civ 47 is an English unjust enrichment law case, concerning the nature of an enrichment.
Facts
Coys of Kensington, an auctioneer, had sold a Mercedes 280 SL to Mr McDonald for £20,290. However, Coys mistakenly included the personalised number plate (TAC 1). This alone was worth £15,000. Mr McDonald became statutorily entitled to it and he registered it in his name. Coys compensated the car’s former owners with £13,608, Mr and Mrs Cressman, who were executors for the late Mr T A Cressman for the loss of the numberplate. Coys then sought a 100% contribution from Mr McDonald plus the remaining £1392 as assignees of the Cressmans’ cause of action.
Judgment
Mance LJ held that the full £15,000 could be recovered from Mr McDonald. He was unjustly enriched, and it was not important that this was connected to the statutory scheme for registration of number plates.