Ministry of Health v Simpson (sub nom Re Diplock, Diplock v Wintle)
| Jurisdiction | England & Wales |
| Judgment Date | 1950 |
| Date | 1950 |
| Court | House of Lords |
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101 cases
- Pharmmalaysia Bhd v Dinesh Kumar Jashbhai Nagjibha Patel
- Choong Gim Guan v Choong Gim Seong; Re Estate of Choong Lye Hin, deceased
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Rover International Ltd v Cannon Film Sales Ltd
...problem is discussed in Goff & Jones at page 691–7. They cite a passage from the speech of Lord Simonds in Ministry of Health v. Simpson (1951) A.C. 251 at 276 in which all the other members of the appellate committee hearing that case concurred. Lord Simonds was expounding the rules establ......
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Officeserve Technologies Ltd (in Compulsory Liquidation) v Annabel's (Berkeley Square) Ltd
...the claim against the recipient is secondary, only to be made once the primary claim has been exhausted: see Ministry of Health v Simpson [1951] AC 251. Application of law to facts 83 Firstly, I consider the particular submissions made by individual respondents. Regrettably, only three of t......
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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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