CA 22 April 1998. P loaned £93,000 to B upon security of a property, subject to a strict condition that the property would be used solely for B`s private occupation. Having discoverd B was using the property as a guest house, P recovered possession and sold the property at a loss. The defendant solictors (H) had acted for B and had completed a standard form of report on title confirming that P`s conditions of advance had been complied with. H did not tell P that the purchase had been apportioned between the property and goodwill of the business. P sought to recover its losses from H. The Vice-Chancellor struck out the claim and P appealed. "Held" a restitutionary remedy requires that a person has been unjustly enriched at the expense of the plaintiff. H had not been enriched by receipt of the advance. H was liable to account for the money but there was nothing due to P if an account was taken. Appeal dismissed.