000			01661cab a2200253 4500
001			ABS60152
008			090401t1998 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u91488
041			_aeng
245			_aKleinwort Benson Ltd v Lincoln City Council and others
260			_c1998
350			_a0
490			_aRating & Valuation Reporter _v[1998] RVR, 315-340(26)
520			_aHL 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.
650			_aHONEST RECEIPT
650			_aKLEINWORT BENSON
650			_aLIMITATION ACT 1980 S32(1)C
650			_aLINCOLN CITY COUNCIL
650			_aMISTAKE OF LAW
650			_aRECOVERABILITY
690			_aPROPERTY-PROPERTY FINANCE AND INVESTMENT
942			_n0
948			_c22/02/1999
999			_c58079 _d58079