R (Child Poverty Action Group) v Secretary of State for Work and Pensions – WLR Daily

Posted December 10th, 2010 in benefits, law reports, mistake, restitution by sally

R (Child Poverty Action Group) v Secretary of State for Work and Pensions 2010 UKSC 54; [2010] WLR (D) 322

 “The only right to recover overpaid social security benefits paid according to an award was that conferred by s 71 of the Social Security Administration Act 1992 which provided an exhaustive scheme for dealing with all overpayments made pursuant to benefit awards and applied only where there had been misrepresentation or non-disclosure. The Secretary of State was not therefore entitled to seek recovery of such overpayments paid in error by way of a restitutionary claim at common law.”

WLR Daily, 9th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Benefits repayment case upheld by Supreme Court – BBC News

Posted December 9th, 2010 in benefits, mistake, news by sally

“The government has lost a legal battle to recover millions of pounds in overpaid benefits.”

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BBC News, 8th December 2010

Source: www.bbc.co.uk

Essex Police admit Maria Stubbings murder case mistakes – BBC news

Posted August 20th, 2010 in domestic violence, mistake, murder, news, police, reports by sally

“A police force has admitted making mistakes in a domestic abuse and murder case, ahead of an official report.”

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BBC News, 19th August 2010

Source: www.bbc.co.uk

Lockheed Martin Corpn v Willis Group Ltd – WLR Daily

Posted August 9th, 2010 in appeals, civil procedure rules, law reports, limitations, mistake, substitution by sally

Lockheed Martin Corpn v Willis Group Ltd [2010] EWCA Civ 927; [2010] WLR (D) 225

“Where a party was to be substituted on the grounds of mistake under CPR r 19.5 there was no further formal jurisdictional requirement that the mistake was not misleading to the other party or did not cause reasonable doubt as to the identity of the party intended to be sued.”

WLR Daily, 5th August 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

How to avoid losing a subsidiary by mistake: lessons from the Court of Appeal – OUT-LAW.com

Posted January 26th, 2010 in company law, mistake, news, subsidiary companies by sally

“A parent company can inadvertently lose control of its subsidiary, according to a ruling by the Court of Appeal. An expert has said that the circumstances in which this will happen are rare but that directors of group companies should mitigate the risks.”

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OUT-LAW.com, 26th January 2010

Source: www.out-law.com

High Court upholds contract entered into by mistake – OUT-LAW.com

Posted November 12th, 2008 in contracts, mistake, news by sally

“A contract based on a mistake by one of the parties can be valid even if the other party to the contract is aware of the error, the High Court has ruled. The case concerned mistakes that did not form terms of the contract.”

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OUT-LAW.com, 11th November 2008

Source: www.out-law.com