The court discussed the change of position needed to be established by a defendant resisting a claim for restitution of money paid under a mistake: The ‘change of position . . must, on the evidence, be referable in some way to the payment of [the] money.’ and ‘whether or not a change of position may be anticipatory, it must . . have been made as a consequence of the receipt of, or (it may be) the prospect of receiving, the money sought to be recovered.’
Judges:
Jonathan Parker J
Citations:
[2000] 3 All ER 808
Jurisdiction:
England and Wales
Cited by:
Cited – Commerzbank Ag v Price-Jones CA 21-Nov-2003
The respondent had received a bonus of andpound;250,000. His employers wrote to him in error increasing it. He later chose to stay rather than take redundancy because he now expected the full amount. He resisted an order for restitution. The . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 23 November 2022; Ref: scu.188257
