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In The London Borough of Islington v University College London Hospital NHS Trust. necessary care was provided to the victim of a tort by Islington pursuant to its statutory obligations. It seems to have been assumed that the decision of the House of Lords in Hunt v Severs [1994] 2 AC 350 could not apply and that therefore that the value of this care could not be recovered by the victim in a claim against the tortfeasor. This note examines the unjust enrichment configuration contained in the case and explores the possible unjust enrichment claims which might have been available to Islington, both derivative (pursuant to a Hunt v Severs type principle) and direct (on the ground of compulsion).

Keywords: Collateral benefits; accumulation; compulsion; intervention by a third party; services; subrogation; unjust enrichment; unjust enrichment and tort

Document Type: Research Article

Publication date: January 1, 2006

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  • Until 2007 the King's Law Journal was known as the King's College Law Journal. It was established in 1990 as a legal periodical publishing scholarly and authoritative Articles, Notes and Reports on legal issues of current importance to both academic research and legal practice. It has a national and international readership, and publishes refereed contributions from authors across the United Kingdom, from continental Europe and further afield (particularly Commonwealth countries and USA). The journal includes a Reviews section containing critical notices of recently published books.
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