The well - known case of re Diplock [1948] Ch 465 2 All ER 318, affirmed in Ministry of Health v Simpson [1951] AC 251, [1950] 2 All ER 1137, establishes that a direct claim by a beneficiary against a mistakenly paid third party or overpaid beneficiary also falls within this section (or on that case its predecessor, s 20 of the Limitation Act 1939 (LA 1939), which was in
materially identical terms).