Common Mistake in UK Law

  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Oct 2002
    ...... definitive exposition of the rules of law governing the effect of mistake on contract. In 1950 in Solle v Butcher [1950] 1 KB 671 Denning LJ ... parties have concluded an agreement that was binding in law under a common misapprehension of a fundamental nature as to the material facts or their ......
  • Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue
    • House of Lords
    • 25 Oct 2006
    ...... of action for restitution on the ground that the money was paid by mistake. Section 32(1)(c) of the Limitation Act 1980 provides that where the ...There is still no cause of action at common law for the recovery of tax paid under a mistake of law. He says that ......
  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 Oct 1998
    ...... the old established law is recoverable as having been paid under a mistake of law. I take the view that the monies are not recoverable since, at the ... 4 There are two questions to be considered. First, when the common law is changed by later judicial decision, have all payments made on the ......
  • Sempra Metals (formerly Metallgesellschaft Ltd) v Commissioners of Inland Revenue
    • House of Lords
    • 18 Jul 2007
    ...... to an award of interest are to be found in statute, equity and the common law. Simple interest is available under the statute on a sum for which ... to rely, which is its claim that the money was paid under a mistake. The conclusion that the court has jurisdiction to award compound interest ......
  • Chartbrook Ltd v Persimmon Homes Ltd and another
    • House of Lords
    • 01 Jul 2009
    ......That is as it should be. One of the strengths of the common law is that it can take a fresh look at itself so that it can keep pace ... that "we do not easily accept that people have made linguistic mistakes, particularly in formal documents" (similar statements will be found in ......
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council [QBD (Comm)]
    • House of Lords
    • 07 Jun 1996
    ......He decided that the Bank's right to restitution at common law arose from the fact that the payment made by the Bank to the Council ... of restitution, and specifically for its availability in cases of mistake and failure of consideration. His thesis is avowedly experimental, written ......
  • HM Revenue and Customs v Total Network SL
    • House of Lords
    • 12 Mar 2008
    ...... to the Commissioners to maintain a cause of action in damages at common law as a means of recovering VAT from a person who has not been made .... . 102 However the premise is in my opinion mistaken. The best judicial support for it seems to be some comments by Palles CB ......
  • Autoclenz Ltd v Belcher and Others
    • Supreme Court
    • 27 Jul 2011
    ......It is common ground that both documents formed part of the contract between the ... term, which intention was outwardly manifested but, because of a mistake (usually a common mistake of the parties, but it can be a unilateral one) ......
  • Pitt and Another v Holt and Another Futter and Another v Futter and Others
    • Supreme Court
    • 09 May 2013
    ...... jurisdiction to set aside a voluntary disposition on the ground of mistake. It is now generally recognized that the label "the rule in Hastings-Bass ... 14 In the field of trust law the most common invalidating factor, until the Perpetuities and Accumulations Act 1964, ......
  • Agip (Africa) Ltd v Jackson
    • Court of Appeal (Civil Division)
    • 21 Dic 1991
    ......The claim is at common law for money had and received. In the alternative, it is contended that ...It has not been suggested that he was mistaken. . . 17 The Defendants' state of mind . . 18 ......
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