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One of my Masters students has raised a question about English law which as a humble Scot I find myself unable to answer. It is a quite interesting practical sort of restitution question. If anyone can suggest an answer, I'd be pleased to hear it.

Hector MacQueen

------- Forwarded Message Follows -------
From: "Babette EHMANN"
Organization: Student Mail Service
Date sent: Tue, 10 Aug 1999 12:51:39 +0000
Subject: Dissertation "Payments under Protest - A Case for Restitution?"
Priority: normal

Dear Prof. MacQueen,

I have a question concerning my dissertation "Payments under Protest - A case for Restitution?".

While searching for cases which show that protest could be a significant factor in allowing restitution I came across the case of Sanders v. Isaacs [1971] 1 All ER 755. The case deals with the question of when the client's application for taxation of a solicitor's bill should be allowed if the bill has already been paid. (now s.70 of Solicitors Act 1974). Express reservation of the right of taxation is seen there as a highly important factor in establishing the required "special circumstances".

What I am not clear about is, what exactly happens after taxation? If the taxation established that the bill was to high, can the client automatically claim restitution of the money or does he have to show that there was some unjust factor according to general restitutionary principles?

I have looked in Cordery's Law relating to Solicitors and Halsbury's Law of England but could not find any reference to what happens after the taxation of the bill. I would be very grateful if you had any suggestions on this, maybe were I could find more information?

Thanks a lot for your help.

Babette

Hector MacQueen
Professor of Private Law
University of Edinburgh
Edinburgh EH8 9YL
UK
Tel (UK)-0131-650-2060/4633
Fax (UK)-0131-662-4902

Editor Edinburgh Law Review