Money paid under error in law is repayable according to equity, and without statutory authority on the ground of unjustified enrichment.
Judges:
Lord Hope of Craighead
Citations:
Times 19-Jan-1995, 1995 SLT 299, 1995 SC 151
Jurisdiction:
Scotland
Cited by:
Cited – McDowall v Inland Revenue SCIT 26-Jun-2003
Gifts had been made from an estate, purportedly under a power of attorney. During his lifetime, the deceased had made various gifts to his children. As he begand to suffer Alzheimers, he gave a power of attorney. He had substantial assets, well . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 11 May 2022; Ref: scu.83831
