From: | Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA> |
To: | ENRICHMENT@LISTS.MCGILL.CA |
Date: | 26/03/2010 00:13:22 UTC |
Subject: | [RDG] Mistake of Law in the Court of Appeal (Again) |
Dear Colleagues,
Swiftly following the FII decision last month, the English Court of Appeal has dismissed the appeal in FJ Chalke Ltd & Anor v Revenue & Customs [2010] EWCA Civ 313 (25 March 2010) http://www.bailii.org/ew/cases/EWCA/Civ/2010/313.html, the first instance judgment in which was previously circulated on this list. The Court of Appeal agreed with the judge's conclusion that the claims were time-barred, but for that reason Etherton LJ did not go on to consider some of the potentially trickier issues, particularly on change of position (see [73]-[74]).
Best wishes,
James
--
James Lee
Lecturer
Director of the LLB Programme
Birmingham Law School
University of Birmingham
Edgbaston
Birmingham
B15 2TT, United Kingdom
Tel: +44 (0)121 414 3629
E-mail: j.s.f.lee@bham.ac.uk
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