The local council sought to claim payment for sewerage services enjoyed by a householder.
Held: Where a supplier has supplied services to another and there is no contractual relationship in existence, the law may afford to the supplier restitutionary remedy. Lightman J said: ‘there are four essential ingredients to a claim in restitution:
(i) a benefit must have been gained by the defendant;
(ii) the benefit must have been obtained at the claimant’s expense;
(iii) it must be legally unjust, that is to say there must exist a factor (referred to as an unjust fact) rendering it unjust, for the defendant to retain the benefit;
(iv) there must be no defence available to extinguish or reduce the defendant’s liability to make restitution.’
Judges:
The Hon Mr Justice Lightman
Citations:
[2003] 1 Lloyds Rep 418, [2003] EWHC 388 (Admin)
Links:
Citing:
Cited – Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd HL 15-Jun-1942
A contract for the supply by the respondents of special machinery to be manufactured by them was treated as an ordinary contract for the sale of goods. It began valid, but suffered frustration by the outbreak of war.
Held: Lord Wright restated . .
Cited by:
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd ChD 21-Dec-2007
The claimant sought payment under section 25 from the defendant football club for the costs of policing football matches. The defendant said that the sums were not due since the events had been over-policed, and had not been agreed or requested.
Cited – Greater Manchester Police v Wigan Athletic AFC Ltd CA 19-Dec-2008
The parties disputed the amounts payable by a football club to the police for the attendance of police officers at matches. The defendant appealed against a finding that it had requested the services for which charges had been made under section 25 . .
Lists of cited by and citing cases may be incomplete.
Utilities, Local Government, Equity
Updated: 07 June 2022; Ref: scu.179910