From: | Enrichment - Restitution & Unjust Enrichment Legal Issues <ENRICHMENT@LISTS.MCGILL.CA> |
To: | ENRICHMENT@LISTS.MCGILL.CA |
Date: | 26/02/2020 16:36:15 UTC |
Subject: | [RDG] English CA on public law restitution |
The EWCA held last week that where an emanation of the state must make restitution of unlawfully imposed charges, it may not reduce the claim by showing that it would have enacted lawful regulations had it known that the regulations it thought it was applying were void. Vodafone Ltd v Office of Communications [2020] EWCA Civ 183
Does this result flow directly from the fact that such a claim is not for a loss caused by wrongdoing but rather is the enforcement of a primary right?
Lionel