Kleinwort Benson Ltd v Birmingham City Council
| Jurisdiction | England & Wales |
| Judge | Evans,Saville,Morritt L JJ. |
| Judgment Date | 20 May 1996 |
| Date | 20 May 1996 |
| Court | Court of Appeal (Civil Division) |
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40 cases
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Investment Trust Companies ((in Liquidation)) v Revenue and Customs Comrs
...principle, he cites the decision of Goulding J in Re Byfield [1982] 1 Ch 267 and the observation of Morritt LJ, in Kleinwort Benson Ltd v Birmingham City Council [1997] QB 380 at 400F, that the words "at the expense of the plaintiff", which he traced back to the American Law Institute's Re......
- Huntley Management Ltd v Australian Olives Ltd
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Moore v. Sweet, 2018 SCC 52
...Service of Canada v. Canada (Attorney General), 2012 SCC 71, [2012] 3 S.C.R. 660; Kleinwort Benson Ltd. v. Birmingham City Council, [1997] Q.B. 380; Citadel General Assurance Co. v. Lloyds Bank Canada, [1997] 3 S.C.R. 805; Lac Minerals Ltd. v. International Corona Resources Ltd., [1989] 2 S......
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Bank of Cyprus UK Ltd v Menelaou
...to be found in the English authorities, and above all the clear statements by all three members of the Court of Appeal in Kleinwort Benson Ltd v Birmingham City Council [1996] 4 All ER 733, [1997] QB 380, suggest to me that it is preferable to think in terms of a general requirement of di......
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6 books & journal articles
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Change of position and restitution for wrongs: 'ne'er the twain shall meet'?
...of State Revenue (Vic) v Royal Insurance Australia Ltd (1994) 182 CLR 51, 74 (Mason C J); Kleinwort Benson Ltd v Birmingham City Council [1997] QB 380, 400 (Morritt LJ). Compare this to the position in Canada, where corresponding loss seems essential: Regional Municipality of Peel v Canada ......
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Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again
...had the payment been indirect, there would have been an insufficient nexus. Similarly,Morritt LJ in Kleinwort Benson vBirmingham CC [1996] 4 All ER 733 (CA) held that the words ‘atthe expense of the plaintiff . .. do no more than point to the requirement that the immediate source ofthe unju......
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Enrichments and reasons for restitution: protecting freedom of choice.
...1 (H.C.A.); Mason v. New South Wales (State of) (1959), 102 C.L.R. 108 (H.C.A.); Kleinwort Benson Ltd. v. Birmingham (City Council), [1997] Q.B. 380, [1996] 4 All E.R. 733 (C.A.); Kleinwort Benson Ltd. v. South Tyneside (Metropolitan Borough Council), [1994] A.C. 429, [1994] 4 All E.R. 972 ......
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Restitution
...the context of private law claims, incorporating by reference the reasoning of Evans LJ in Kleinwort Benson Ltd v Birmingham City Council[1997] QB 380. However, this statement by the Court of Appeal is ambiguous because there were two lines of reasoning in the judgment of Evans LJ. The firs......
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