Reply To: Notification of overpayment

Kevin D

“Awaritefe” is a Court of Appeal case in England. Full citation & link below:

LB Haringey v Awaritefe (1999) EWCA Civ 1491 32 HLR 517

In short, defects in notifications don’t (normally) render a decision to be of no effect so long as the addressee doesn’t suffer “substantive harm” or “significant prejudice” as a result of the defects.

There are a handful of CDs/UTDs that have been interpreted by some as meaning a defective notification always nullifies a decision. My view is that as Awaritefe is a Court of Appeal judgement, it carries rather more weight that CDs or UTDs. *waits for someone to point to a House of Lords case that blasts Awaritefe out of the water* 🙂 .