Mistaken Payments, Change of Position and Estoppel (James Edelman, 20 Apr 2000)

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Sender:	James Edelman
Date:	Thu, 20 Apr 2000 12:58:23 +0100
Re:	Mistaken Payments, Change of Position and Estoppel

Phillip Collins Ltd v Davis (Chancery Division, Jonathan Parker J - 19.04.00)

Following in the footsteps of Scottish Equitable plc v Derby [1999] All ER (D) 1042, this case considers the defences of change of position and estoppel to a claim for restitution of a mistaken payment. A defence of estoppel was not allowed, although, unlike Avon CC or Scottish Equitable, only because the overpayments could not amount to representations. Change of position was, however, allowed despite the fact that the evidence did not show that any item of increased expenditure making up this change of position was directly related to the overpayments.

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