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I suspect that since the implementation of the Financial Services and Markets Act 2000, and in particular since the broad dispute resolution powers of the Financial Ombudsman Service (FOS) were introduced, the vast majority of mistaken payment cases involving banks and other financial services providers (the key context for this type of claim) will go through the FOS rather than the High Court or County Court.

Eligible complainants include not just individual consumers but also small businesses and charities and the ceiling for awards is £100,000.

The latest FOS newsletter (www reference below) outlines the Ombudsman's approach to such cases. List readers may be interested in the comments, especially on the approach taken to change of position. The FOS must have regard to the law, but ultimately must decide what is fair and reasonable. So far it seems the FOS is taking a robust view and is dismissing most complaints about bank's mistaken payments.

http://www.financial-ombudsman.org.uk/publications/ombudsman-news/33/credits-33.htm

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Gerard McMeel
Faculty of Law
University of Bristol