Ministry of Health v Simpson (sub nom Re Diplock, Diplock v Wintle)

JurisdictionEngland & Wales
Judgment Date1950
Year1950
Date1950
CourtHouse of Lords
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101 cases
  • Pharmmalaysia Bhd v Dinesh Kumar Jashbhai Nagjibha Patel
    • Malaysia
    • High Court (Malaysia)
    • 1 January 2004
  • Choong Gim Guan v Choong Gim Seong; Re Estate of Choong Lye Hin, deceased
    • Malaysia
    • Federal Court (Malaysia)
    • Invalid date
  • Gomez and Others v Vives and Others
    • United Kingdom
    • Chancery Division
    • 18 February 2008
    ...remedy is, of course, a reference to in Re Diplock [1948] Ch 465 (Court of Appeal), affirmed sub nom. Ministry of Health v Simpson [1951] AC 251. 29 The Claimants further explain the Diplock claims in these terms. The Claimants are beneficiaries of the trust. A beneficiary prejudiced by a......
  • Gomez and Others v Gomez-Monche Vives
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 3 October 2008
    ...to personal and proprietary remedies under the Diplock principle ( Re Diplock [1948] Ch 465, affd sub nom. Ministry of Health v Simpson [1951] AC 251) and personal and proprietary remedies for knowing receipt. Their argument is that a beneficiary prejudiced by an overpayment to another be......
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8 books & journal articles
  • Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again
    • United Kingdom
    • Wiley The Modern Law Review No. 65-3, May 2002
    • 1 May 2002
    ...by ‘convincing evidence’.60In both57 The leading case is Arris vStukely (1677) 2 Mod 260; 86 ER 1060. In Ministry for Health vSimpson[1951] AC 251 (HL) there was a similar legal inevitability in the distribution by the executors to therecipients under a will which was subsequently found inv......
  • UNDUE INFLUENCE, UNCONSCIONABILITY AND GOOD FAITH
    • Singapore
    • Singapore Academy of Law Journal No. 1996, December 1996
    • 1 December 1996
    ...we should invent such a jurisdiction for the first time.”; or more bluntly, per Lord Simonds, on appeal, in Minister of Health v Simpson[1951] AC 251 at 276, “My Lords, I find little help in these 2 See generally Fiduciary Obligations (1977); also see “The Fiduciary Principle” in Youdan ed ......
  • Scottish Trusts in the Common Law
    • United Kingdom
    • Edinburgh University Press Edinburgh Law Review No. , September 2013
    • 1 September 2013
    ...respect of the “special equitable claim” that was discussed and allowed in Re Diplock, [1948] Ch 465, aff'd Ministry of Health v Simpson [1951] AC 251. See S Whittaker, “An historical perspective to the ‘special equitable action’ in Re Diplock” (1983) 4 JLH 3; L Smith, “Unjust enrichment, p......
  • BRIDGING THE GREAT DIVIDE BETWEEN MISTAKES OF LAW AND FACT IN RESTITUTION: IS THE BRIDGE SAFE TO CROSS?
    • Singapore
    • Singapore Academy of Law Journal No. 1999, December 1999
    • 1 December 1999
    ...Musgrave[1916] 2 Ch 417; Gareth Jones, supra, n 9 at 223—5; Re Diplock[1947] Ch 716; [1948] Ch 465; sub nom Ministry of Health v Simpson[1951] AC 251; cfR v Tower Hamlets LBC, ex parte Chetnik Developments Ltd[1988] AC 858 at 876—7 and Sharp Bros & Knight v Chant[1917] 1 KB 771. Payments ma......
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