Restitution and Unjust Enrichment: Promoting Justice in Business and Human Rights Litigation

Abstract Using Josiya v British American Tobacco (BAT) as a case study, this article explores the growing potential of unjust enrichment to become an additional route to redress in business and human rights (BHR) litigation. Josiya , in which over 7,000 Malawian tobacco farmers are suing BAT for exploitative practices, marks a significant development in attempts by lawyers to extend unjust enrichment law to the BHR field. The article examines recent BHR cases in the United Kingdom in which unjust enrichment was pleaded, while also touching on cases from other jurisdictions for a broader perspective. It starts with a theoretical overview of unjust enrichment law and discusses how it interfaces with BHR issues at both the substantive and remedial levels. The article highlights how unjust enrichment can be framed as a supplementary cause of action, offering a potential pathway in BHR litigation for restitutionary remedial responses, the promotion of justice and the endorsement of claimants’ rights. This timely reflection underscores unjust enrichment’s growing role in the ongoing attempts to innovate and strengthen BHR litigation in pursuit of corporate accountability.