Kleinwort Benson Ltd v Lincoln City Council and others
Kleinwort Benson Ltd v Lincoln City Council and others
- 1998
- Rating & Valuation Reporter [1998] RVR, 315-340(26) .
HL 29 October 1998. Under "Hazell v Hammersmith & Fulham LBC", the appellant bank K began proceedings to recover money paid to the respondent local authorities under a mistake of law. The court considered: whether recovery of money paid under a mistake of law should be law; if not whether there should be an exception to recovery on grounds of mistake of law when the law has been changed by judicial decision; the fact that all interest rate swap transactions were fully performed; whether Limitation Act 1980 s32(1)c applied to mistakes of law. Appeal "held": (1) the rule that money paid under a mistake was unrecoverable was no longer law; (2) Payments made under private transactions later changed by judicial decision were recoverable; (3) the defence of honest receipt was not part of common law; (4) no principle said that money paid under a void contract was not recoverable; (5) Limitation Act 1980 s32(1)c applied for recovery of money paid under a mistake of law.
HONEST RECEIPT
KLEINWORT BENSON
LIMITATION ACT 1980 S32(1)C
LINCOLN CITY COUNCIL
MISTAKE OF LAW
RECOVERABILITY
HL 29 October 1998. Under "Hazell v Hammersmith & Fulham LBC", the appellant bank K began proceedings to recover money paid to the respondent local authorities under a mistake of law. The court considered: whether recovery of money paid under a mistake of law should be law; if not whether there should be an exception to recovery on grounds of mistake of law when the law has been changed by judicial decision; the fact that all interest rate swap transactions were fully performed; whether Limitation Act 1980 s32(1)c applied to mistakes of law. Appeal "held": (1) the rule that money paid under a mistake was unrecoverable was no longer law; (2) Payments made under private transactions later changed by judicial decision were recoverable; (3) the defence of honest receipt was not part of common law; (4) no principle said that money paid under a void contract was not recoverable; (5) Limitation Act 1980 s32(1)c applied for recovery of money paid under a mistake of law.
HONEST RECEIPT
KLEINWORT BENSON
LIMITATION ACT 1980 S32(1)C
LINCOLN CITY COUNCIL
MISTAKE OF LAW
RECOVERABILITY