United Kingdom change of positionmoney had and receivedillegality

Barros Mattos Jnr v MacDaniels Ltd

[2004] EWHC 1188 (Ch); [2005] 1 WLR 247

JurisdictionUnited Kingdom

CourtHigh Court of Justice, Chancery Division (England and Wales)

Year2004

StatusBinding authority

Key Principle

A recipient of stolen money who is liable to make restitution as money had and received cannot rely on the defence of change of position where the relevant change consists of, or is brought about by, dealings that are themselves illegal (here, currency-exchange transactions unlawful under Nigerian law), because such a change is not made in good faith and the defence is tainted by the illegality.

Area of Law

General

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