From: Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA>
To: ENRICHMENT@LISTS.MCGILL.CA
Date: 27/07/2016 10:02:30 UTC
Subject: [RDG] Bailey and another (Respondents) v Angove¹s Pty Ltd (Appellant) [2016] UKSC 47

Today, in the above case the Supreme Court, judgment given by Lord Sumption, has “held” that The Tiiskeri (Neste Oy v Lloyd’s Bank Plc 1983) was wrongly decided, as was Japan Leasing. In fact Lord Sumption notes that the appellant having won on another point it was not strictly necessary to decide the point, but since it had been fully argued… He did note however that the claimant in The Tiiskeri was not permitted to argue for a constructive trust on the basis of the relevant payment’s having been made under a mistake, and that point should be left open for future argument (Chase Manhattan lives for another day). Peter.