Counterfactual defences to unjust enrichment restricted in Woolwich restitution claims (Vodafone Ltd & Ors v The Office of Communications)

Publication Date:
27 Feb 2020


Dispute Resolution analysis: The Court of Appeal considered the application of counterfactual arguments to unjust enrichment claims based upon the principle in Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70. The decision affirms the primacy of the principle of lawful authority and limits the scope for public authorities to rely upon hypothetical decision making to curtail restitution.

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