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hello,

Can any of your readers assist with Change of Position defence examples similar to this situation in English law?

Mr A receives additional allowances as two lump sums as a result of a recent court case which his employer interprets as in his favour. Mr A is pleased but surprised at the large sum involved and queries the amount and his entitlement twice with his employer who assure him all is correct.

As a result he spends in excess of the net amount (after income tax) which he has received on car, home improvements, holidays, etc. He also increases his mortgage as an element of the income tax is due to be repaid him in 2004.

10 months later his employer demands the full amount back due to a "misinterpretation of the regulations following further legal advice". The employer had failed to warn Mr A that they were seeking this advice and, as such he has spent the money.

Can anyone assist with identical circumstances in the UK Courts and the likelihood of a successful application of the Change of Position defence.

Many thanks