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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