The nature of a quantum meruit claim

In Gordon Winter Company Ltd v NH International (Caribbean) Ltd (Trinidad and Tobago) [2025] UKPC 52, the Privy Council held that the claimant was entitled to bring a claim for a contractual quantum meruit notwithstanding the fact that the claim which it brought at first instance was for a non-contractual quantum meruit (that is to say, one based on the restitution of an unjust enrichment). The defendant's response to the claim brought by the claimant was based on the fact that the work done by the claimant was governed by the terms of their contract and, having succeeded with that submission, it was held that the defendant could not then be allowed to deny that the claimant was entitled to be paid on a contractual quantum meruit for the work done, particularly where, as in the present case, the defendant did not appear to have a defence to the contractual quantum meruit claim and the measure of recovery was the same as that which would have been recovered had the unjust enrichment claim succeeded. To deny the claimant a contractual quantum meruit claim in such circumstances was held to be "arid formalism" and productive of injustice. Accordingly, the claimant was held to be entitled to recover payment for work done on the basis of a contractual quantum meruit.