Source: All England Reporter
Publisher Citation: [1998] All ER (D) 518
Court: House of Lords
Judge:

Lord Browne-Wilkinson, Lord Goff of Chieveley, Lord Lloyd of Berwick, Lord Hoffmann and Lord Hope of Craighead

Representation Richard Southwell QC and Rhodri Davies (instructed by Clifford Chance) for the appellant bank.
  Nicholas Underhill QC, Charles Bear and Mark West (instructed by Sharpe Pritchard) for Lincoln City Council, Birmingham City Council and Kensington and Chelsea Royal London Borough Council and (instructed by Southwark Legal Services) for Southwark London Borough Council.
Judgment Dates: 29 October 1998

Catchwords

Restitution - Interest rate swap agreements - Bank seeking recovery of payments made to local authorities under swap agreements - Whether bank having remedy in restitution - Whether rule precluding restitutionary remedy for money paid under mistake of law should be maintained - Whether claim time-barred - .

The Case

Practice Areas

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