Title Unjust enrichment and public law : a comparative study of England, France and the EU / Rebecca Williams

Published Oxford ; Portland, Or. : Hart, 2010

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Description 1 online resource (lviii, 294 pages) Contents Unjust enrichment and public law in England and Wales. Definitions and controversies -- Woolwich and the creation of the public law reason for restitution -- The scope of the public law reason for restitution -- A hierarchy of reasons for restitution -- Defences -- Conclusions and further implications -- Unjust enrichment and public law in France. Public body unjust enrichment claims in France : lessons for England and Wales -- Unjust enrichment and public law in the European Union. Unjust enrichment and the EU institutions -- Unjust enrichment in national and European law, and the "remedies" jurisprudence of the ECJ Summary This book examines claims involving unjust enrichment and public bodies in France, England and the EU. Part 1 explores the law as it now stands in England and Wales as a result of cases such as Woolwich EBS v IRC, those resulting from the decision of the European Court of Justice (ECJ) in Metallgesellschaft and Hoechst v IRC and those involving Local Authority swaps transactions. So far these cases have been viewed from either a public or a private law perspective, whereas in fact both branches of the law are relevant, and the author argues that the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment, or vice versa. In order to achieve this a hybrid approach is outlined which would allow the law access to both the public and private law aspects of such cases. Since there has been much discussion, particularly in the context of public body cases, of the relationship between the common law and civilian approaches to unjust enrichment, or enrichment without cause, Part 2 considers the French approach in order to ascertain what lessons it holds for England and Wales. And finally, as the Metallgesellschaft case itself makes clear, no understanding of such cases can be complete without an examination of the relevant EU law. Thus Part 3 investigates the principle of unjust enrichment in the European Union and the division of labour between the European and the domestic courts in the ECJ's so-called 'remedies jurisprudence'. In particular it examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EU law, and to what extent this remains a task for the domestic courts Bibliography Includes bibliographical references and index Notes English Print version record Subject Unjust enrichment -- England Unjust enrichment -- France Unjust enrichment -- European Union countries Conflict of laws -- Unjust enrichment -- European Union countries Public law -- England Public law -- France Public law -- European Union countries Restitution. LAW -- Liability. LAW -- Contracts. Conflict of laws -- Unjust enrichment Public law Unjust enrichment droit public -- enrichissement illégitime -- restitution -- Union européenne -- France -- Grande-Bretagne. England European Union countries France Form Electronic book ISBN 9781847315854 1847315852 9781847317483 1847317480 1472560779 9781472560773 1282919652 9781282919655 9786612919657 6612919655

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