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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Contract law
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Unjust Enrichment and Public Law - A Comparative Study of England, France and the EU (Hardcover, New)
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Unjust Enrichment and Public Law - A Comparative Study of England, France and the EU (Hardcover, New)
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This book examines claims involving unjust enrichment and public
bodies in France,England and the EU. Part 1 explores the law as it
now stands in England and Wales as a result of cases such as
Woolwich EBS v IRC, those resulting from the decision of the
European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v
IRC and those involving Local Authority swaps transactions. So far
these cases have been viewed from either a public or a private law
perspective, whereas in fact both branches of the law are relevant,
and the author argues that the courts ought not to lose sight of
the public law issues when a claim is brought under the private law
of unjust enrichment, or vice versa. In order to achieve this a
hybrid approach is outlined which would allow the law access to
both the public and private law aspects of such cases. Since there
has been much discussion, particularly in the context of public
body cases, of the relationship between the common law and civilian
approaches to unjust enrichment, or enrichment without cause, Part
2 considers the French approach in order to ascertain what lessons
it holds for England and Wales. And finally, as the
Metallgesellschaft case itself makes clear, no understanding of
such cases can be complete without an examination of the relevant
EU law. Thus Part 3 investigates the principle of unjust enrichment
in the European Union and the division of labour between the
European and the domestic courts in the ECJ's so-called 'remedies
jurisprudence'. In particular it examines the extent to which the
two relevant issues, public law and unjust enrichment, are defined
in EU law, and to what extent this remains a task for the domestic
courts. Cited with approval in the Court of Appeal by Beatson, LJ
in Hemming and others v The Lord Mayor and Citizens of Westminster,
[2013] EWCA Civ 5912 Cited with approval in the Supreme Court by
Lord Walker, in Test Claimants in the Franked Investment Income
Group Litigation (Appellants) v Commissioners of Inland Revenue and
another [2012] UKSC 19
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