Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Mon, 19 May 1997 11:59:12 |
| Re: |
proper plaintiff |
In
Brennan v. Brighton BC, The Times 15 May (CA), the plaintiff worked
on a sports centre leased to a corporation. The defendant owned the land
but was contractually bound to the corporation to grant to it a 31 year
lease of the centre. When the work was substantially completed, the defendant
refused to grant the lease to the corporation. It was in liquidation and
its liquidator did not pursue a claim.
The plaintiff sued in deceit. After the limitation period had expired
the plaintiff sought to add a claim in unjust enrichment. The CA affirmed
the decision that the claim was statute barred but doubted the judge's
decision that in any event the claim in unjust enrichment disclosed no
reasonable cause of action. It was not obvious that the corporation's
separate personality barred such a claim.
Lionel Smith
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