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United Kingdom mistakelimitation periodsultra vires payments

Test Claimants in the FII Group Litigation v HMRC (No 2)

[2020] UKSC 47
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2020
StatusBinding authority

Summary

Restitution claims for payments made under a mistake of law are subject to a six-year limitation period running from the date of payment, provided the mistake was material.

Key Principle

The Supreme Court considered restitution claims based on payments made under a mistake of law; the six-year limitation period runs from the date of payment, but the claimant must show the mistake was material.

Area of Law

trusts

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A casino operator's mere knowledge of a patron's pathological gambling does not constitute unconscionable conduct absent deliberate exploitation of that special disadvantage.

Australian Competition and Consumer Commission v Lux Distributors Pty Ltd [2013] FCAFC 90

A supplier's high-pressure door-to-door sales tactics targeting elderly women constituted unconscionable conduct under the Australian Consumer Law.

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