Lord Bridge of Harwich Lord Templeman Lord Griffiths Lord Ackner Lord Goff of Chieveley
Keywords
Unjust enrichment, change of position
Lipkin Gorman v Karpnale Ltd [1988] UKHL 12 (6 June 1991) is a foundational English unjust enrichment case. The House of Lords unanimously established that the basis of an action for money had and received is the principle of unjust enrichment, and that an award of restitution is subject to a defence of change of position. This secured unjust enrichment as the third pillar in English law of the law of obligations, along with contract and tort. It has been called a landmark decision.[1]
Although the case is most famous for the transformative judgment handed down by the House of Lords in relation to restitution and unjust enrichment, the decision of the Court of Appeal is also an important banking law decision in its own right, setting out key principles relating to the duty of care owed by bankers to their customers. There was no appeal against that part of the decision to the House of Lords.
^Birke Häcker (2009). Consequences of Impaired Consent Transfers. Mohr Siebeck. p. 103. ISBN 978-3-16-149790-2.
and 17 Related for: Lipkin Gorman v Karpnale Ltd information
Yisrael Lipkin Salanter LipkinGormanvKarpnaleLtd Peaucellier–Lipkin linkage Lipki (disambiguation) This page lists people with the surname Lipkin. If...
extensively cited with approval by the Court of Appeal in LipkinGorman (a Firm) vKarpnaleLtd [1989] 1 WLR 1340 (overturned by the House of Lords on other...
separate body of law was only explicitly recognised in 1991 in LipkinGormanvKarpnaleLtd. While the law has rapidly developed over the last three decades...
permitting the recovery of stolen funds in some situations. In LipkinGormanvKarpnaleLtd, where a solicitor used stolen funds to gamble at a casino, the...
exposed position". Financial Times. Retrieved 5 October 2015. LipkinGormanvKarpnaleLtd [1988] UKHL 12 (6 June 1991) Peter Birks (1985). An Introduction...
the matter of LipkinGormanvKarpnaleLtd [1987] 1 WLR 987. R v Galbraith [1981] 1 WLR 1039 Boakye (12 March 1992, CA, unreported). R v. Turnbull [1977]...
another kind, underpinned by the concept of unjust enrichment. In LipkinGormanvKarpnaleLtd [1991] the House of Lords explicitly recognised the independent...
Ltd [1975] 1 WLR 1468 (Court of Appeal of England and Wales) LipkinGormanvKarpnaleLtd [1991] 2 AC 548 (House of Lords, England) The Mikhail Lermontov...
Fibrosa v Fairborn [1943] AC 32, 63-64 per Lord Wright; Pavey & Matthews Pty Ltdv Paul [1987] 69 I.E. 579, 583, 603: LipkinGormanvKarpnaleLtd [1991]...
Ltd [2004] EWCA Civ 118 Bhullar v Bhullar [2003] EWCA Civ 424 Royal Trust Bank v National Westminster Bank plc (High Court) LipkinGormanvKarpnale Ltd...
reasons over the 19th and 20th century. See LipkinGormanvKarpnaleLtd [1988] UKHL 12 Mitchell (2010) 665 In Walsh v Lonsdale, a landlord and tenant had agreed...
[bare URL PDF] LipkinGormanvKarpnale [1991] See generally, Edelman and Degeling, Equity in Commercial Law (LexisNexis, 2005) Arnold v National Westminster...
personal circumstances. This was concisely defined by Lord Goff in LipkinGormanvKarpnale as "Where an innocent defendant's position is so changed that he...
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