Hamburg v Goldstein [2002] EWCA Civ 122 (28 January 2002)

Hamburg v Goldstein [2002] EWCA Civ 122 (28 January 2002)

The application did not raise an important point of principle or practice justifying a second appeal; the facts supported recovery on ordinary restitutionary principles of mistake, and the extension of the unconscionable bargain doctrine to gifts was not sufficiently compelling to warrant further consideration.

Citation
[2002] EWCA Civ 122
Parties
Claimant/respondent: Mrs Hetty Hamburg; Defendant/applicant: Mr Lionel Goldstein
Jurisdiction
England and Wales
Judgment Date
28 January 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal to the Court of Appeal
Outcome
Application dismissed
Legal Topics
Unconscionable Bargains, Restitution, Mistake, Gifts
Contract Law Equity Unconscionable Bargains Restitution Mistake Gifts

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Parties

Mrs Hetty Hamburg

Claimant/respondent

Mr Lionel Goldstein

Defendant/applicant

Procedural Posture

Civil Appeal / Application for Permission to Appeal to the Court of Appeal

Legal Issues

  1. 1 Does the doctrine of unconscionable bargains extend to the setting aside of a gift?
  2. 2 Is a payment made under a mistaken belief recoverable under restitutionary principles?

Ratio Decidendi

The application did not raise an important point of principle or practice justifying a second appeal; the facts supported recovery on ordinary restitutionary principles of mistake, and the extension of the unconscionable bargain doctrine to gifts was not sufficiently compelling to warrant further consideration.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused