COMPROMISES AND MISTAKES OF LAW

Brennan v Bolt Burden (a firm) [2004] EWCA Civ 1017; [2004] 3 WLR 1321

The Court of Appeal in Brennan v Bolt Burden (a firm) [2004] EWCA Civ 1017; [2004] 3 WLR 1321 held that a mistake of law can create a right to set aside a transaction entered into in reliance on the mistake but concluded that, on the facts, the claimant was not entitled to relief because she had not entered into the transaction as a result of mistake. Rather, there had been a doubt as to the entitlement of the defendant to the money paid and the existence of the doubt ruled out the claim based on mistake.