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Continues the argument developed in 'Unjust Enrichment and Public law' in the light of the decision of the Supreme Court in FII. Argues that in Deutsche Morgan Grenfell the House of Lords took a wrong turning on the law of unjust enrichment in a public law context, a decision which has led to unnecessary and avoidable litigation, as evidenced by FII. Suggests that such litigation could in future be avoided by reversing the Deutsche Morgan Grenfell decision and adopting the hybrid public and private approach to cases of unjust enrichment involving public bodies.

Since the decisions in R v IRC ex p Woolwich Equitable Building Society in 1990 and Hazell v Hammersmith and Fulham LBC in 1991, the courts have had, in a variety of contexts, to grapple with the relationship between unjust enrichment, public law and the law of the European Community. 20 years later, the decision of the European Court of Justice in Metallgesellschaft and Hoecsht v IRC in 2001 has led to a further explosion of such cases, many of which are still making their way through the courts. The central aim of this book is to examine such claims in France, England and the EC. 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 the courts ought not to lose sight of the public law issues when a claim is brought under the private law of unjust enrichment. Support for this position is drawn from an examination of French law, which demonstrates that neither adoption of the ‘without cause’ approach to unjust enrichment, nor the longer-standing existence of a separate concept of public law removes the necessity for such a hybrid public and private understanding of the cases. Finally, in order to complete the picture the book examines cases where the limit on the public body’s powers derives, not from domestic public law, but from the law of the EC. Thus a further aspect of the book is that it analyses more specifically what is often referred to as the ECJ’s ‘remedies’ jurisprudence in order to investigate the division of labour between the European courts and the domestic courts in defining such claims.

ISBN: 1841134147 / 9781841

The article argues that there are two key problems with the current law concerning voluntary intoxication. First, the rules applicable so-called crimes of basic intent, contrary to some of the more recent case law, can in fact only apply coherently to reckless result crimes. Second, given the differences between the threshold for liability for sober defendants and the threshold for liability for voluntarily intoxicated defendants, the current rules amount in cases of basic intent to criminalisation of the intoxication itself. If this is to be the case, the article argues that the law should take this approach openly, so that in any case where the defendant lacks mens rea as a result of voluntary intoxication (s)he should be convicted instead of a new statutory offence of 'committing the actus reus of offence X while intoxicated', which could also apply coherently to all offences.