C - Change of position
7/5/20
SCHOOL FACILITY MANAGEMENT LTD v GOVERNING BODY OF CHRIST THE KING COLLEGE [2020] EWHC 1118 (Comm)
A hire agreement entered into by a council for the construction and hire of a modular building and equipment was properly characterised as a finance lease rather than an operating lease [250]. As a result it involved borrowing for which permission of the Secretary of State had not been obtained, so the transaction was ultra vires and void. Considers claims of unjust enrichment, including valuation of benefits conferred under the contract [425], recovery of money paid, and the defence of change of position [466].