Restitution Discussion Group Archives
| Sender: |
Gerard McMeel |
| Date: |
Mon, 17 Jan 2000 11:10:46 |
| Re: |
Archer and Innocent Donees |
Sorry to revive
this topic, but there is a spin on this which I believe was not raised.
I was perusing Michael Crick's very readable biography
of JA this morning, "Stranger than Fiction". This reminded me (at p 307
of the hardback) that the main beneficiaries of Archer's libel damages
were Cheltenham Ladies' College and two Cambridge colleges (of which the
fragrant Mary was alumnus), together with Brasenose College, Oxford (of
which Jeffrey is a quasi-alumnus) and Ely Cathedral.
Personally I am somewhat sceptical that any cause of
action exists, unless the Daily Star can establish bad faith bringing
of civil suit or can succeed on an out-of-time appeal to the Court of
Appeal. However, on the assumption that the right exists (and further
assuming JA's appearance of wealth is all a sham) would the claim extend
to the innocent donees? This would test people's views on the reach of
Diplock. Presumably the efficacy of change of position would be significant.
----------------------
Gerard McMeel
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