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RDG
online Restitution Discussion Group Archives |
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Zander says that
The Daily Star's claim would lie in unjust enrichment. Hedley says
This is such a strange thing to say
that we must wonder whether Zander is being misreported.
Zander's remarks are not strange at all.
Hedley is right of course to say (a) that the judgment would first have
to be set aside, (b) collateral attack would not be permitted and (c)
additional losses are only claimable in tort.
But as for the right to recover damages and costs paid, Hedley is wrong
to dismiss unjust enrichment as the cause of action. If the judgment is
set aside, what are the parties rights then? The answer is that The Daily
Star has a claim in unjust enrichment - the specific unjust factor probably
being that payment was made under what has turned out to be illegitimate
pressure. See Charles Mitchell's input for the authorities. It is not
much help saying that if the judgment is set aside "then obviously the
money is recoverable". The question is WHY is it recoverable? <== Previous message Back to index Next message ==> |
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