Ministry of Health v Simpson (sub nom Re Diplock, Diplock v Wintle)
| Jurisdiction | England & Wales |
| Judgment Date | 1950 |
| Date | 1950 |
| Year | 1950 |
| Court | House of Lords |
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103 cases
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Vaught v Tell Sell UK Ltd
...rare occasions. In this connection I have particularly in mind the speech of Lord Simonds in Ministry of Health v. Simpson [1950] 2 All ER 1137 at 1147, [1951] AC 251 at 276. (See [1992] 4 All ER 512 at 534, [1991] 2 AC 548 at 580.) 30. The judge noted the view, put forward by Andrew Burro......
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Test Claimants in the Franked Investment Income Group Litigation and Others v Revenue and Customs Commissioners; Test Claimants in the Franked Investment Income Group Litigation and Others v Revenue and Customs Commissioners
...for recovery on that basis. James LJ, “whose every word on a question of equitable principle is weighty” (Ministry of Justice v Simpson [1951] AC 251, 272), stated at pp. 355–356: I have no doubt that there are some cases which have been relied on, in which this court has not adhered strict......
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8 books & journal articles
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Restitution, Rectification, and Mitigation: Negligent Solicitors and Wills, Again
...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......
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UNDUE INFLUENCE, UNCONSCIONABILITY AND GOOD FAITH
...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 ......
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Scottish Trusts in the Common Law
...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......
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BRIDGING THE GREAT DIVIDE BETWEEN MISTAKES OF LAW AND FACT IN RESTITUTION: IS THE BRIDGE SAFE TO CROSS?
...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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