Comments to Kleinwort Benson Ltd v. Lincoln City Council andothers
2000 (English)In: European Review of Private Law, ISSN 0928-9801, Vol. 2, 343-347 p.Article in journal (Other academic) Published
The facts of Kleinwort Benson Ltd v. Lincoln City Council will become clear from the following case notes. The case has attracted quite some attention in England. This is not only because it includes the final speech on the law of restitution by Lord Goff of Chievely, it also raises some highly interesting questions. How should interest rate swaps with local authorities be judged? When should recovery for mistake of law be allowed? Do judicial decisions act retrospectively?
It is especially the latter question which is a central point in the discussion of the case in the ensuing case notes. Foreign observers obviously are baffled by the fully retrospective effect which the majority accords to judicial change. Is not this against the whole idea of precedent in the common law?
Place, publisher, year, edition, pages
Alphen aan den Rijn: Kluwer Law International, 2000. Vol. 2, 343-347 p.
IdentifiersURN: urn:nbn:se:uu:diva-46808OAI: oai:DiVA.org:uu-46808DiVA: diva2:74715
Case note. House of Lords (opinions of the Lords of Appeal for Judgementin the case Kleinwort Benson Ltd. v. Lincoln City Council andothers) 29 October 19982006-08-252006-08-252013-11-07Bibliographically approved