Mistake of Fact in UK Law

  • Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue and Attorney General
    • Court of Appeal (Civil Division)
    • 04 Febrero 2005
    ... ... that no restitutionary claim lies in respect of money paid under a mistake of law, holding that the claimant bank was entitled to a restitutionary ... of the sums paid; rather, they sought compensation to reflect the fact that the sums in question had been paid prematurely ... 7 By its ... ...
  • E v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 02 Febrero 2004
    ... ... that an important part of its reasoning was based on ignorance or mistake as to the facts; and (b) to admit new evidence to demonstrate the mistake ... the principles applicable to appeals to the IAT on issues of fact; the approach was recently confirmed by this Court in Indrakhumar v ... ...
  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 Octubre 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 ... 9 Therefore the precise question is whether the fact that the later overruling decision operates retrospectively so far as the ... ...
  • Deutsche Morgan Grenfell Group Plc v Commissioners of Inland Revenue
    • House of Lords
    • 25 Octubre 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 ... In fact, article 43 of the Treaty made this denial of a right of election unlawful ... ...
  • Woolwich Equitable Building Society v Commissioners of Inland Revenue
    • House of Lords
    • 20 Julio 1992
    ... ... However, impressed in particular by the fact that Price was an accomplice who had retracted his Swedish evidence before ... bankruptcy was not entitled to retain moneys paid to him under a mistake of law, said at p. 876: "So it emerges from these authorities ... ...
  • Agip (Africa) Ltd v Jackson
    • Court of Appeal (Civil Division)
    • 21 Diciembre 1991
    ... ... 11.95.56.08 aupres vous memes. Val 7/1. Reglement V/Fact 40 Meu—07/84 du 7/11/84… Vous couvrons aupres Citibank New ... 47 Agip's claim is for money paid under a mistake of fact ... 48 The defendants' contention is that Agip has disclosed no ... ...
  • R (Iran) v Secretary of State for the Home Department
    • Court of Appeal (Civil Division)
    • 27 Julio 2005
    ... ... authoritative guidance: the power of the IAT to correct errors of fact 6 ... Error of law: unfairness resulting from a mistake of fact. 28 ... ...
  • Pitt and another v Holt and another; Futter and another v Futter and Others
    • Court of Appeal (Civil Division)
    • 09 Marzo 2011
    ... ... have a voluntary disposition set aside as having been made under a mistake ... 2 In 1974 the Court of Appeal heard an appeal from an order ... Mrs Pitt or the trustees of the Futter settlements as vitiated by the fact that the fiscal consequences of what was done were different from what was ... ...
  • Bell v Lever Bros Ltd
    • House of Lords
    • 15 Diciembre 1931
    ... ... Mr. Snelling's selection was due to the fact that he was an accountant of exceptional ability who had just rendered ... of them were made and the moneys paid thereunder were paid under a mistake of fact." ... 32 Particulars being asked for of ... ...
  • Great Peace Shipping Ltd v Tsavliris Salvage (International) Ltd (Cape Providence)
    • Court of Appeal (Civil Division)
    • 14 Octubre 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 ... contract had been concluded by reason of a fundamental mistake of fact in that both parties proceeded on the fundamental assumption that the " ... ...
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