In Kleinwort Benson Ltd v Sandwell BC, reported with the conjoined case of Westdeutsche Landesbank Girozentrale v Islington LBC at [1994] 4 All ER 890, Hobhouse J reasoned that (
seemingly on balance) he would follow the «weak» «
expression of an opinion» in re Diplock at p 514 that the phrase in s 2 (1)(a) of the 1939 Act, now s 5 of the 1980 Act, «actions founded on
simple contract» «must be taken to cover actions for money had and received... [t] he assumption must, we think, be made though the words used can not be regarded as felicitous», the alternative being no time - bar at all.