In this collection of essays, a group of leading scholars look back and reappraise some of the landmark cases in the law of restitution. They range from the early seventeenth century to the mid-twentieth century, and shed new light on some classic decisions. Some argue that the importance of their case has been overstated; others, that it has been overlooked, or misconceived. All persuasively invite the reader to think again about some well-known authorities. The book is an essential resource for anyone, scholar, student or practitioner, with an interest in this fascinating area of the law.
About the Author
Paul Mitchell is a Senior Lecturer in Law at King's College London and the author of The Making of the Modern Law of Defamation (Hart, 2005).
Charles Mitchell is Professor of Law at University College London.
Paul Mitchell is Professor of Law at University College London.
Table of Contents
Preface to Paperback Edition vii
Preface and Acknowledgements ix
Notes on Contributors xiii
Table of Cases xv
Table of Legislation xxxiii
1 Lamplugh v Brathwaite (1615) David Ibbetson 1
2 Moses v Macferlan (1760) Warren Swain 19
3 Taylor v Plumer (1815) Lionel Smith 39
4 Planche v Colburn (1831) Charles Mitchell Charlotte Mitchell 65
5 Marsh v Keating (1834) James Edelman 97
6 Erlanger v New Sombrero Phosphate Co (1878) Michael Lobban 123
7 Phillips v Homfray (1883) William Swadling 163
8 Allcard v Skinner (1887) Charlotte Smith 183
9 Sinclair v Brougham (1914) Eoin O'Dell 213
10 Fibrosa Spolka Akcyjna v Fairbairn Lawson Combe Barbour Ltd (1942) Paul Mitchell 247
11 Re Diplock (1948) Tim Akkouh Sarah Worthington 285
12 Solle v Butcher (1950) Catharine Macmillan 325