Lord Kyllachy explained the relationship between a claim and a defence in the law of unjustified enrichment: ‘The money in question was paid in error under a mistake of fact. It was therefore reclaimable, unless (the pursuer’s remedy being equitable) there was an equitable defence to repetition.’
Judges:
Lord Kyllachy
Citations:
(1901) 9 SLT 93
Cited by:
Cited – Sempra Metals Ltd v Inland Revenue Commissioners and Another HL 18-Jul-2007
The parties agreed that damages were payable in an action for restitution, but the sum depended upon to a calculation of interest. They disputed whether such interest should be calculated on a simple or compound basis. The company sought compound . .
Lists of cited by and citing cases may be incomplete.
Damages, Scotland
Updated: 14 May 2022; Ref: scu.260131