Johnson v The King: PC 22 Jun 1904

(Sierra Leone) For restitutionary claims, an action for money had and received only the net sum could be recovered.

Citations:

[1904] AC 817, [1904] UKPC 38

Links:

Bailii

Jurisdiction:

Commonwealth

Citing:

AppliedLondon, Chatham and Dover Railway Co v South Eastern Railway Co HL 1893
The Lord Chancellor was considering the position of a creditor whose debtor refused to exchange accounts as agreed, thus preventing the creditor from quantifying the debt.
Held: The House declined to alter the rule in Page -v- Newman.

Cited by:

CitedLittlewoods Ltd and Others v Commissioners for Her Majesty’s Revenue and Customs SC 1-Nov-2017
The appellants had overpaid under a mistake of law very substantial sums in VAT over several years. The excess had been repaid, but with simple interest and not compound interest, which the now claimed (together with other taxpayers amounting to 17 . .
Lists of cited by and citing cases may be incomplete.

Damages, Equity

Updated: 01 October 2022; Ref: scu.419598