Armstrong v Winnington

The theoretical underpinnings of the law of personal property are infrequently considered by the courts. However, in Armstrong DLW GmBH v Winnington Networks Ltd,1 the High Court had cause to examine this area in some depth, although the case raises as many questions as it answers. The case also merits analysis by virtue of its consideration of the problematic nature of the relationship between unjust enrichment and proprietary restitutionary claims. Finally, Armstrong raises difficult issues relating to the nature and passing of legal title to personal property.

The case concerned the transfer of European Union Allowances (“EUAs”) in relation to the EU Emissions Trading Scheme which was established under EU law pursuant to Directive 2003/87/EC. As the name suggests, the Scheme facilitates the regulation of