Significance Westdeutsche Landesbank Girozentrale v Islington LBC

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westdeutsche has on facts been superseded sempra metals ltd v inland revenue commissioners, house of lords held courts award compound interest in restitutionary claim @ common law. in westdeutsche conceded compound interest not awarded @ common law, , case argued fall within resulting trust principles. however, bank s claim have succeeded without recourse establishing resulting trust. in respect, on circumstances give rise resulting trust, however, westdeutsche still leading case.


however, while remaining leading case on circumstances under resulting trust arise, , proprietary remedy available, westdeutsche has been subjected wide-ranging criticism, particularly academic circles focused on unjust enrichment. view, represented peter birks , robert chambers, suggests lord-browne wilkinson wrong regard resulting trusts responding conscience, rather absence of intention benefit person. birks argued proprietary remedy need not follow, although chambers regards possible.








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