Restitution Discussion Group Archives
| Sender: |
Steve Hedley |
| Date: |
Mon, 22 Nov 1999 13:23:47 |
| Re: |
Archer's woes |
The interview is
at :
http://news.bbc.co.uk/hi/english/uk_politics/newsid_530000/
530828.stm
What is actually said on unjust enrichment as follows
(Zander is being interviewed)
"Q: As far as the Daily Star's lost libel case is concerned,
this is relevant now not necessarily because it re-opens the matter of
Jeffrey Archer and the prostitute, but it goes to the heart of his integrity
and believability in a case like this doesn't it?
A: That's right. They wouldn't have to prove he was with
the prostitute, they would only have to establish that if the story had
been known at the time then the jury's decision might have been different.
And therefore, we can no longer rely on the jury's verdict, therefore
"please can we have our money back?". Whether Jeffrey Archer would be
minded to defend that, I have no idea. It would be an interesting one
to watch.
Q: By what mechanism do you re-open a libel case?
A: It would be an action to recover - under a concept
which is known as unjust enrichment. It would be an action for damages.
"
This is such a strange thing to say that we must wonder
whether Zander is being misreported.
Substantive grounds of recovery really have nothing to
do with it. The question is procedural : can the earlier judgment be re-opened,
on the ground that there is now some very good evidence that the plaintiff
is a liar ? I don't know the answer to that. But either way, it is a procedural
question. If it can be, then obviously the money is recoverable, and we
hardly need to invoke "unjust enrichment" to explain it. If it cannot
be, then I can't see any court allowing a collateral challenge to that
refusal, in restitution or anyhow.
The interesting question is rather one of tort. If the
judgment is set aside, obviously the amount of the damages must be returned,
but what of additional losses (eg legal fees thrown away) ?
Steve Hedley
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FACULTY OF LAW, UNIVERSITY OF CAMBRIDGE
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messages : (01223) 334900
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Christ's College Cambridge CB2 3BU
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