References: [2001] 3 All ER 818, [2001] EWCA Civ 369, [2001] OPLR 181, [2001] 2 All ER (Comm) 274, [2001] Pens LR 163
Links: Bailii
Coram: Robert Walker LJ
The claimant company sought repayment of a sum paid in error to the defendant. She replied that she had changed her position as a result of and relying upon the payment.
Held: The court gave as ‘the most obvious example’ of the kind of decision made by a payee which, even though it involves no immediate expenditure, will nonetheless give rise to the defence of change of position, the voluntary giving up of a job at an age when it would not be easy to get new employment.
This case cites:
- Cited – Lipkin Gorman (a Firm) -v- Karpnale Ltd HL ([1991] 2 AC 548, Bailii, [1988] UKHL 12, [1991] 3 WLR 10)
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were . . - Cited – Avon County Council -v- Howlett CA ([1983] 1 WLR 605, [1983] 1 All ER 1073)
The plaintiff, through its computerised system for the payment of wages, had overpaid the defendant to the extent of £1,007. He had suffered an injury and been absent from work. The Council sought to recover the overpayment on the grounds that . .
This case is cited by:
- Cited – Commerzbank Ag -v- Price-Jones CA (Bailii, Times 26-Nov-03, [2003] EWCA Civ 1663)
The respondent had received a bonus of £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 employer . .
