Proceedings brought by or against local authorities often contain a claim in restitution, usually on the basis of a mistake. In Astex Therapeutics Ltd v Astrozeneca [2017] EWHC 1442 (Ch) the High Court (Arnold J) has reaffirmed that any mistake either of law or of fact can qualify as a mistake for restitutionary purposes, provided that it is causative, and that in order to establish a prima facie claim to restitution of an enrichment, a party needs to show only that (1) it was mistaken at the time the enrichment was conferred and (2) it was that mistake that had caused that enrichment to be conferred.  In that case the payments were milestone payments and the mistake was as to contractual status.

In Hertfordshire County Council v Davies [2017] EWHC 1488 (QB) Mrs Justice Elisabeth Laing rejected a variety of defences and held that the Council was entitled to possession of the School Bungalow (“the Bungalow”) in Hoddesdon in its area. The Defendant moved into it with his family when he became the caretaker at Sheredes School (“the School”). Eventually, after a disciplinary hearing, the Council dismissed the Defendant for gross misconduct. He appealed against the decision to dismiss him, unsuccessfully.   The Council served a notice to quit requiring the Defendant to give up possession. Thereafter the Council issued proceedings for possession. The claim was in due course transferred to the High Court because one of the remedies sought by the Defendant in his counterclaim was a declaration that paragraph 2 of Schedule 1 to the Housing Act 1985 (“the 1985 Act”) is incompatible with his rights conferred by the European Convention on Human Rights. Read more »

Is authoritative material showing that discriminatory conduct or attitudes were widespread elsewhere in an institution admissible in considering the motivation of an alleged individual discriminator? It may be, rules the Court of Appeal in Chief Constable of Greater Manchester v Bailey (2017) EWCA Civ 425, at paragraph 99.  Such material may make it more likely that the alleged conduct had occurred or that the alleged motivations were operative.  Alternatively, there might be some more specific relevance.  However, such material has always to be used with care.  Moreover, the fact finding tribunal has in any case to identify with specificity the particular reason why it considers the material in question to have probative value as regards the motivation of the alleged discriminator in any particular case. There is no doctrine of “transferred malice”.