Parliamentary
Archives,
HL/PO/JU/18/251
Judgment: 6.6.91
HOUSE OF LORDS
LIPKIN GORMAN (A FIRM)
(ORIGINAL APPELLANTS AND
CROSS-RESPONDENTS)
v.
KARPNALE LIMITED
(FORMERLY PLAYBOY CLUB OF LONDON LIMITED)
(ORIGINAL
RESPONDENTS AND CROSS-APPELLANTS)
AND OTHERS
Lord Bridge of Harwich
Lord
Templeman
Lord
Griffiths
Lord
Ackner
Lord
Goff of Chieveley
LORD BRIDGE OF HARWICH
My Lords,
I have had the advantage of reading in draft the
speeches
of my noble and learned friends Lord Templeman and Lord
Goff of
Chieveley. I agree with their conclusion that the appeal
should be
allowed and the cross-appeal dismissed with the
consequence that
the appellants become entitled to judgment for
the principal sum
of £154,695 inclusive of the sum to which
the cross-appeal relates.
All questions with respect to the amount
of interest to be awarded
on this principal sum and with respect
to the costs of the
proceedings must, unless the parties are able
to agree, be deferred
to enable counsel to make further
submissions.
With respect to the view that prevailed in the Court
of
Appeal I cannot see that the respondents are in any better
position
to resist the appellants' claim to recover the money
which Mr.
Cass stole from them and gambled away in the casino by
reason
of the fact that cash was exchanged for gaming chips before
being
wagered at the gaming tables. The respondents were
nevertheless
mere volunteers who gave no consideration for the
stolen money.
This was the common sense view expressed in the
dissenting
judgment of Nicholls L.J. Both my noble and learned
friends have
thoroughly analysed this issue and I agree with the
reasoning in
both their speeches.
I agree with my noble and learned friend Lord Goff
of
Chieveley that it is right for English law to recognise that a
claim
to restitution, based on the unjust enrichment of the
defendant,
may be met by the defence that the defendant has
changed his
position in good faith. I equally agree that in
expressly
acknowledging the availability of this defence for the
first time it
would be unwise to attempt to define its scope in
abstract terms,
but better to allow the law on the subject to
develop on a case
by case basis. In the circumstances of this case
I would adopt the
reasoning of my noble and learned friend Lord
Templeman for the
conclusion that the respondents can only rely on
the defence to
- 1 -
the extent that it limits their liability to the
appellants to the
amount of their net winnings from Mr. Cass which
must have been
derived from the stolen money.
The respondents submitted that the appellants' claims
failed
on the ground that they had no title to the money which was
the
subject of the appeal or to the banker's draft which was
the
subject of the cross-appeal. The arguments in support of
this
submission are examined in the speech of my noble and
learned
friend Lord Goff of Chieveley. I agree with his reasons
for
rejecting them.
LORD TEMPLEMAN
My…
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- Case
- [1988] UKHL 12
- Decision Date
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