I Jumbo's case, I think the words "you know it's not really yours to keep" might come into

play

If you genuinely don't realise, eg because you are very wealthy, and you spend it, then you are OK. It's an equitable defence to a claim for restitution, known as "change of position".

In criminal law, whether you genuinely didn't realise would be a question for the jury to decide.

I had a dispute on those lines once, acting for a wealthy man against his bank (Nat West). They had mistakenly credited him with 500k odd, he hadn't realised, it got swept automatically into his money market speculation account, he'd made a lot more money on while it was there. As soon as they explained what had happened he paid it all back; the argument was then over whether he coudl keep his winnings.

Posted By: Old Git on December 7th 2009 at 16:45:44

Message Thread

right, so if a payment goes into your bank account.... (General Chat) - Jumbo1, Dec 7, 15:42:56
- Funny old thing that. (General Chat) - snowman, Dec 7, 19:49:28
- A (General Chat) - tim berry, Dec 7, 16:36:02
- You could keep it there (hyperthetically) earn the interest and with for them to find out. (n/m) (General Chat) - DrDublin, Dec 7, 16:35:04
- Put it all on the Horse to score first in the next game (General Chat) - BerlinCanary, Dec 7, 16:02:59
  - yes, behold the Horse (n/m) (General Chat) - Cheltenham_Canary, Dec 7, 16:33:07
    - SSSSschhhhhwwwwwwiiiiiiing!!!!! (General Chat) - The_HORSE, Dec 7, 16:44:42
- Theft Act 1968 section 5(4) (General Chat) - Old Git, Dec 7, 16:02:51
  - Objection! (General Chat) - Hertz van Rental, Dec 7, 16:04:45
  - Key bit of that? (General Chat) - BerlinCanary, Dec 7, 16:04:08
    - Yes (General Chat) - Old Git, Dec 7, 16:22:34
      - How is that realisation prooved? (n/m) (General Chat) - CB41, Dec 7, 16:30:08
        
        I Jumbo's case, I think the words "you know it's not really yours to keep" might come into (General Chat) - Old Git, Dec 7, 16:45:44
        
        yes, surely unless it's an unsually large sum you could conceivably argue that you had no (General Chat) - Worzel Scrimmage, Dec 7, 16:33:05
- (d) fish (n/m) (General Chat) - BSE Canary, Dec 7, 15:45:29
  - and the fishing trip! (n/m) (General Chat) - Jumbo1, Dec 7, 15:47:10
- c (n/m) (General Chat) - Ralf Scrampton, Dec 7, 15:45:21
- a) Yes (General Chat) - Jim Nasium, Dec 7, 15:44:41
  - righto - best cancel the holiday! (n/m) (General Chat) - Jumbo1, Dec 7, 15:46:37
- my answer.... (General Chat) - Cheltenham_Canary, Dec 7, 15:44:30
  - and the new car! (n/m) (General Chat) - Jumbo1, Dec 7, 15:46:52
    - it wasn't 85,000 euro by any chance? (n/m) (General Chat) - Tombs, Dec 7, 15:48:04
      - do you want it back? (n/m) (General Chat) - Jumbo1, Dec 7, 15:48:38
        
        it'd be appreciated (n/m) (General Chat) - Tombs, Dec 7, 15:50:27

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