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In principle, of course he can, but only to the value that the Court, after hearing evidence on the subject, considers his work to have been worth in all the circumstances. That might be the same as a qualified and registered practitioner, but it might not be. The law should not (and does not) leave a Claimant without a remedy where it is not.

Restitution vs counter-restitution has a necessarily circuitous appearance; that is the unfortunate but inevitable feature of this régime but it does mean that a full account of value is taken and that the "right" result has some chance of being reached. There is in fact no circuity of action; it can all be dealt with in the same proceedings. It is a well-established practice and these days even District Judges are willing to hear extensive argument on it (providing it is properly pleaded and the weather is too bad for golf).

James

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Andrew Tettenborn wrote:

If the authority can get back what it paid Anandh, why can't Anandh, who presumptively didn't perform any worse than a registered practitioner, insist on being paid for the work he did? Circuity of action.