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This chapter sets out the decision (so far as the passing of property was concerned) in Westdeutsche. It discusses the implications of the case as regards proprietary restitutionary claims and also discusses some of the implications of the case for the law of property in general. The chapter provides a brief summary. But before beginning, tribute must be paid to the analysis already made by Professor Peter Birks of the proprietary consequences of Westdeutsche in an article published very shortly after the decision was handed down. The proprietary claim succeeded before both Hobhouse J and the Court of Appeal, and it was on the correctness of this award, and on this point alone, that the case proceeded to the House of Lords. So far as the law of property is concerned, Westdeutsche is a curate’s egg: there are some good parts, but much that is rotten.
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