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  • Have been overpaid (only 2 grand) by a client who left me about 30k in debt for most of last year. I am in absolutely no rush to pay them back or notify them of their error, though concede I'm happy to do so if they contact me and bring it to my attention.

    Before I consider that, are there any internet lawyers who can advise if they're liable for their own negligence and is there any chance I'm not obliged to return the funds? My moral compass sits at zero degrees at the best of times. With these utter toads it's in the negative numbers. I'd be happy to donate it to charity. I just don't want to be of any benefit to these people in any way - assuming it doesn't provide me problems down the line.

    Presuming that I can't just Arkell v. Pressdram them when the time comes?

  • Before I consider that, are there any internet lawyers who can advise if they're liable for their own negligence and is there any chance I'm not obliged to return the funds?

    Fraid not. A claim in unjust enrichment on the basis of monies paid by mistake can be pursued even where the mistake arises as a result of the paying party's negligence.

    Of course, if you have a claim for interest (say under the Late Payment of Commercial Debts (Interest) Act 1998) you could always deduct the interest you're owed from the 2k overpayment and just return the balance.

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