Law of restitution – Abolition of the rule that moneys paid under a mistake of law cannot be recovered

摘要

Commentary on the landmark decision (Kleinwort Benson Ltd v Lincoln City Council [1998] 3 WLR 1095) by the House of Lords which overturned the rule of law that payments made under a mistake of law are irrecoverable. Article by Michael Hales (Partner, Nabarro Nathanson) published in Amicus Curiae - Journal of the Institute of Advanced Legal Studies and its Society for Advanced Legal Studies. The Journal is produced by the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies, University of London.