Their claim is for restitution

(money paid under a mistake)

20 years ago or so the House of Lirds recognised "change of position" as an equitable defence to a claim for restitution. So if you didn't know they were overpaying, and if you have changed your position by spending the money so that it would be unfair to make you pay it back, the claim fails. Case was Lipkin Gorman v Karpnale I think.

Messy, and they'd probably sack you in the meantime

Worth raising in your negotiations though

Posted By: Old Git on February 20th 2013 at 10:04:42

Message Thread

Employment legal advice needed... (NCFC) - Norfolk un Way, Feb 20, 06:32:39
- Their claim is for restitution (NCFC) - Old Git, Feb 20, 10:04:42
- Thanks guys! (NCFC) - Norfolk un Way, Feb 20, 07:49:45
  - you must have realised you were getting more than you thought you should be? (n/m) (NCFC) - Tony Martin, Feb 20, 08:26:42
  - the basic rule is if it ain't yours , you have to pay it back (n/m) (NCFC) - ghostof barry butler, Feb 20, 08:05:07
  - i know, seems unfair..... (NCFC) - Cheltenham_Canary, Feb 20, 07:58:34
    - he should have kept ll the money aside and then (NCFC) - Tombs, Feb 20, 08:11:16
      - all (NCFC) - Tombs, Feb 20, 08:13:05
        
        well i did not know about those Pennsylvanian Germans. I'll remember that. (n/m) (NCFC) - VeryMuchDiss, Feb 20, 08:34:53
        
        Real German as well. (NCFC) - APB, Feb 20, 10:32:09
- ... (NCFC) - Tombs, Feb 20, 06:55:55
  - which is... (NCFC) - Cheltenham_Canary, Feb 20, 07:05:24
    - sorry (NCFC) - Tombs, Feb 20, 07:07:29
      - no problemo.... (NCFC) - Cheltenham_Canary, Feb 20, 07:30:45
        
        happened to me (NCFC) - Tombs, Feb 20, 07:47:51
        
        Trouble is tombs (NCFC) - Cheltenham_Canary, Feb 20, 07:56:16
        
        that is quite true (NCFC) - Tombs, Feb 20, 08:08:20
        
        Fucking shineys... (NCFC) - Cheltenham_Canary, Feb 20, 08:12:06
- Worth checking with a solicitor... (NCFC) - Cheltenham_Canary, Feb 20, 06:54:32
  - Exactly what I would have said (NCFC) - SimonOTBC, Feb 20, 07:14:25

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