Exclusion by statute (Charles Mitchell, 27 Jan 2006)

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Sender:	Charles Mitchell
Date:	Fri, 27 Jan 2006 11:57:28
Re:	Exclusion by statute

The question has often arisen where money has been paid as tax which is not due, whether a common law claim in UE to recover the money is expressly or impliedly excluded by a statute which imposes a regime to resolve disputes between the parties. A similar issue has now arisen in relation to a claim to recover money mistakenly overpaid to a sewerage undertaker in Ministry of Defence v. Thames Water Utilities Ltd [2006] EWHC 66 (TCC).

Professor Charles Mitchell
School of Law
King's College London
Strand
London WC2R 2LS

tel: 020 7848 2290
fax: 020 7848 2465

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