Stubbs v Richmond LBC
Language: English Series: Rating Appeals ; (1989) RA 1-4(3)Publication details: 1989Subject(s): Summary: CA 15 December 1988 Appeal from a decision dismissing Stubb`s (S) application for judicial review of Richmond LBC`s (R) decision to refuse a refund of rates . S claimed that he had over the years been paying too much by way of rates on plots on the perimeter of an island in the River Thames. He said he had been charged at the commercial rate, whereas he should have received domestic rate relief . The rates had been levied under the General Rate Act 1967 amended by the Rates Act 1984 . Therefore, once the 1984 Act had been passed, S was entitled to say that in the years prior to 1982 at least, he had been overcharged. CA held, dismissing the appeal, that the only way S could obtain a refund was under s9 of the 1967 Act as no other action was sustainable at law since the overcharge was due to a mistake of law and money paid under a mistake of law was not recoverable at common law. A refund under s9 was barred as evidence established that the rates had been demanded in accordance with t| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40547 (Browse shelf(Opens below)) | 1 | Available | 24659-1001 |
CA 15 December 1988 Appeal from a decision dismissing Stubb`s (S) application for judicial review of Richmond LBC`s (R) decision to refuse a refund of rates . S claimed that he had over the years been paying too much by way of rates on plots on the perimeter of an island in the River Thames. He said he had been charged at the commercial rate, whereas he should have received domestic rate relief . The rates had been levied under the General Rate Act 1967 amended by the Rates Act 1984 . Therefore, once the 1984 Act had been passed, S was entitled to say that in the years prior to 1982 at least, he had been overcharged. CA held, dismissing the appeal, that the only way S could obtain a refund was under s9 of the 1967 Act as no other action was sustainable at law since the overcharge was due to a mistake of law and money paid under a mistake of law was not recoverable at common law. A refund under s9 was barred as evidence established that the rates had been demanded in accordance with t