Money had and Received in UK Law

  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • Court of Appeal (Civil Division)
    • 17 December 1993
    ... ... to repay the whole of the £2.5m to the Bank (with interest) as money paid for a consideration which had wholly failed ... 22 A fortiori, if ... which money can be recovered in quasi contract as money had and received or on grounds of unjust enrichment have been laid down long ago and the ... ...
  • Lipkin Gorman (A Firm)(Original Appellants and Cross-Respondents) v Karpnale Ltd (Formerly Playboy Club of London Ltd) (Original Respondents and Cross-Appellants)
    • House of Lords
    • 06 June 1991
    ... ... any better position to resist the appellants' claim to recover the money which Mr. Cass stole from them and gambled away in the casino by reason of ... acted innocently throughout and was not aware that the club had received ?154,695 derived from the solicitors until the solicitors claimed ... ...
  • Westdeutsche Landesbank Girozentrale v Islington London Borough Council
    • House of Lords
    • 07 June 1996
    ... ... the local authorities with which they had dealt the balance of the money paid by them, together with interest. Out of the many actions so ... the money to be recoverable by the Bank either as money had and received by the Council to the use of the Bank, or as money which in equity the ... ...
  • Twinsectra Ltd v Yardley
    • House of Lords
    • 21 March 2002
    ... ... 2 The first main issue is whether the monies received by Sims and Roper were held in trust. The judge found that they were not; ... They received the money in return for the following undertaking: "1. The loan monies ... ...
  • Sempra Metals (formerly Metallgesellschaft Ltd) v Commissioners of Inland Revenue
    • House of Lords
    • 18 July 2007
    ... ... enrichment entitled to an award for restitution of the value of money that is measured by compound interest? Interest: an introduction ... It has been held that in an action for money had and received the net sum only can be recovered: Moses v Macferlan (1760) 2 Burr ... ...
  • Kleinwort Benson Ltd v Lincoln City Council
    • House of Lords
    • 29 October 1998
    ... ... established law is changed by a subsequent decision of the Courts, money rightly paid in accordance with the old established law is recoverable as ... cases he would have been told that the law was dubious: if having received such advice he paid over, he must have taken the risk that the law was ... ...
  • United Australia Ltd v Barclays Bank Ltd
    • House of Lords
    • 20 August 1940
    ... ... for negligence; (3), in the further alternative, for £1,900 as money had and received by the Defendants to the use of the Plaintiffs. The ... ...
  • Foskett v McKeown
    • House of Lords
    • 24 May 2000
    ... ... trust deed ("the Purchasers trust deed") under which the purchasers' money was to be held in a separate bank account until either the plot of land ... were not enriched by the payment of those premiums: they merely received their shares of the sum assured in accordance with their pre-existing ... ...
  • Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd
    • House of Lords
    • 15 June 1942
    ... ... In that case, Mr. Justice Channell said, "If the money was payable on some day subsequent to the abandonment of the procession, I ... circumstances that have happened the money must be regarded as received to the plaintiff's use. It is true that the effect of frustration is that, ... ...
  • Woolwich Equitable Building Society v Commissioners of Inland Revenue
    • House of Lords
    • 20 July 1992
    ... ... in detail his conversations with the respondent during which he received instructions from him ... 7 In 1989, the Swedish Government commenced ... demand, at once acquires a right to recover the amount so paid as money had and received to the subject's use. There was an alternative submission ... ...
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