Restitution
front page

What's new?

Archive front page

1995

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2007

2006

2008

2009

Dear All,

In Nurdin & Peacock v D B Ramsden [1999] 1 WLR 1249, Neuberger J stated the following at page 1263C-D:

"As for the Banque Financiere case, it did not raise the question of whether or not a plaintiff could recover money paid under a mistake of law; it was concerned with the law of subrogation".

Neuberger J was responding to Counsel's submission that the decisions of the House of Lords in Westdeutsche and Banque Financiere had overtaken or overruled the decisions in Woolwich Equitable Building Society v IRC [1993] and Friends' Provident Life Office v Hillier Parker May & Rowden [1997] pre-Kleinwort Benson.

There are conflicting opinions as to the nature of the mistake in Banque Financiere. Swaddling [1999] RLR at 210 suggests that arguably it was a mistake of 'law'. On the other hand, Villiers [1999] LMCLQ at 223 suggests that it was a mistake of 'fact'.

Any thoughts on (1) the nature of the mistake in Banque Financiere (in my opinion it is a mistake of fact) and (2) Neuberger's comments?

Mark Armstrong