The court was asked: ‘A spends money seeking a judgment for the recovery of a debt from B. A fails to recover the debt because, so the court holds, the debt is not in fact owed by B to A (as A mistakenly thought), but owed by B to C. C then recovers the debt, relying on the judgment in A’s unsuccessful claim. The question raised in this appeal is whether A has a claim based on unjust enrichment against C, enabling him to recover the money expended on obtaining the judgment. ‘
Floyd LJ discussed the case of Ruabon Steamship: ‘the House of Lords . . was not looking at the case through the eyes of the modern law of unjust enrichment’
Judges:
Beatson, Floyd LJJ, Sir Stanley Burnton
Citations:
[2013] EWCA Civ 1415, [2013] 2 CLC 810, [2013] WLR(D) 437, [2014] 1 WLR 2006
Links:
Jurisdiction:
England and Wales
Citing:
Distinguished – Ruabon Steamship Co v The London Assurance Co HL 1900
Lord Halisbury said: ‘I cannot understand how it can be asserted that it is part of the common law that where one person gets some advantage from the act of another, a right of contribution towards the expense from that act arises.’ Rejecting the . .
Cited by:
Cited – Revenue and Customs v The Investment Trust Companies SC 11-Apr-2017
Certain investment trust companies (ITCs) sought refunds of VAT paid on the supply of investment management services. EU law however clarified that they were not due. Refunds were restricted by the Commissioners both as to the amounts and limitation . .
Cited – Lowick Rose Llp v Swynson Ltd and Another SC 11-Apr-2017
Losses arose from the misvaluation of a company before its purchase. The respondent had funded the purchase, relying upon a valuation by the predecessor of the appellant firm of accountants. Further advances had been made when the true situation was . .
Lists of cited by and citing cases may be incomplete.
Equity
Updated: 26 July 2022; Ref: scu.517758