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RDG
online Restitution Discussion Group Archives |
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Have you ever yearned for a personalised number plate?
Or do you think they're tacky? Would you think yourself enriched if you
came by someone else's personalised number plate? How about 'TAC 1'? These
and other fascinating issues are discussed in the language of subjective
devaluation, incontrovertible and readily realised benefits by Mance LJ
at [26]-[40]:
http://www.bailii.org/ew/cases/EWCA/Civ/2004/47.html
At [44] it also seems that defence counsel failed to
spot until too late that the contribution claim against his client should
have been a non-starter following the decision by Lord Steyn in Royal
Brompton NHS Trust v Hammond that a claim will not lie under
the 1978 Act between two parties, one of whom is liable in tort or breach
of contract and the other in UE - a last ditch effort to amend was turned
down - counsel for the other side said that if the amendment had been
allowed then he 'would have argued for contribution in accordance with
the doctrine of equitable subrogation pursuant to Banque
Financière de la Cité v. Parc (Battersea) Ltd. [1999] 1 AC 221'.
Presumably this means that he has read Niru
and like Moore-Bick J is untroubled by the fact that it is incoherent
to allow a claim for contrib 'via subrog' where a direct claim for contrib
is not available, given the statements in Parc
and Dubai
that contrib and subrog are both remedies for UE.
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