- Hardcover: 304 pages
- Publisher: Hart Publishing (30 Jun 2010)
- Language English
- ISBN-10: 1841134147
- ISBN-13: 978-1841134147
- Product Dimensions: 23.8 x 15.6 x 3 cm
- Amazon Bestsellers Rank: 1,450,875 in Books (See Top 100 in Books)
- See Complete Table of Contents
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Product Description
Review
Williams...presents a clear and well-argued case for a public law of unjust enrichment. Her approach is thoughtful and considered covering key cases in English, French and EU law, and focuses on an area of law of particular topicality...While her argument does, as she states, remain normative, lacking case law support, she nevertheless provides a lucid and well-researched argument for reform. Williams must thus be praised for drawing together and critically appraising the leading cases in this field and for providing valuable insight into this developing area of the law.Paula GilikerEuropean Law ReviewVolume 36, 2011Unjust Enrichment and Public Law is an important contribution to this topical subject.The discussion of English law is comprehensive and well argued, and will interest both public and private lawyers.Unjust Enrichment and Public Law is a well-written and well-presented book, which does much to advance our understanding of this difficult area of law. It deserves the attention of lawyers across the public/private divide.Paul S. DaviesThe Law Quarterly ReviewVolume 127, July 2011
Product Description
The central aim of this book is to examine claims involving unjust enrichment and public bodies in France, England and the EC. A central aim of the work is to explore the law as it now stands in the UK following cases such as Woolwich EBS v IRC and cases involving swaps transactions. The author argues that so far these cases have been viewed from either a public or private law perspective, whereas in fact both branches of the law are relevant, and 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. No understanding of cases concerning public law illegality can be complete without an examination of cases where that illegality is provided, not by domestic public law, but by the law of the EC. Thus a further aspect of the book is that it investigates the division of labour between the European courts and the domestic courts in such cases, and examines the extent to which the two relevant issues, public law and unjust enrichment, are defined in EC law, and to what extent this task is left to the domestic courts.
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