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I am not sure if others have responded, but I am certain that Lionel Smith, as administrator of this listserv, would recoil at the suggestion that this list is "not a public forum and not intended for student participation". As I understand it, the list is open to any member of the public, and most certainly students are welcome to participate.

I think the only fault in the posting by Kevin Kilgour was that it did not seem to directly raise an issue about restitution or unjust enrichment. But even that may be doubted. I seem to recall a discussion (was it Robert Stevens?) somewhere that a claim to recover an allegedly unfair preference payment resembled, or ought to be considered as resembling, a claim for restitution of unjust enrichment.

Jonathon Moore

----- Original Message -----
From: Kevin Kilgour
Sent: Friday, March 05, 2004 2:05 AM
Subject: [RDG:] retraction

Thank you to those who responded to my recent posting on UK preference law. Since being informed about the nature of this discussion group, I wish to retract my query and apologise for any misunderstanding - I was not aware that the group was not a public forum and not intended for student participation.

Apologies once again.