Under the Battersea framework, it has been accepted that the claimant must establish that there is a connection or nexus between the (a) receipt of an enrichment by the defendant and (b) the claimant’s loss, so as to justify the unjust enrichment claim against the defendant. However, the question of whether the defendant has been enriched or the enrichment was at the claimant’s expense, is complicated, especially where it appears the enrichment was no more than an incidental benefit, or the defendant has received the enrichment only indirectly from the claimant.
While the recent attacks against the Rohingya (“Rohingya Crisis”) were most certainly conducted by the Myanmar Army, the Government (“Government”) – under the leadership of Aung San Suu Kyi (“Aung”) – has dismissed the Rohingya as Bengali illegals, deemed the crisis as self-inflicted, and characterised media coverage as an “iceberg of misinformation”. When the truth of events is called into question before the more difficult question of liability is engaged, it becomes, in the authors' opinion, even more pressing for a comprehensive account of the conflict to be produced. This is not only for loftier reconciliation efforts but to achieve consensus on themes like dignity and the need to eschew violence.