Search Results for: Bankers

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Bankers Insurance Company Limited v South, Gardner: QBD 7 Mar 2003

The two defendants had been involved in a jet-ski accident on holiday in Europe. The claimant sought a declaration that it was not liable to indemnify its insured under the holiday insurance under which they travelled. The policy excluded liability for damages arising from ownership, or possession of water craft. The defendants alleged that the … Continue reading Bankers Insurance Company Limited v South, Gardner: QBD 7 Mar 2003

GE Capital Corporate Finance Group v Bankers Trust Co and Others: CA 3 Aug 1994

Irrelevant parts of documents required to be disclosed may be blanked out on discovery by the party giving discovery. Hoffmann LJ: ‘It has long been the practice that a party is entitled to seal up or cover up parts of a document which he claims to be irrelevant’, and after citing Jones v Andrews, ‘In … Continue reading GE Capital Corporate Finance Group v Bankers Trust Co and Others: CA 3 Aug 1994

Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

The bank sought repayment of its loan and possession of the defendants’ property. The second defendant said that the charge had only her forged signature. Held: Non-compliance with section 2 of the 1989 Act does not make a bargain illegal, and therefore does not remove the possibility of an argument based upon estoppel. Judges: Peter … Continue reading Bankers Trust Company v Namdar and Namdar: CA 14 Feb 1997

Alexander Gray, WS v Messrs Douglas, Heron, and Co, Late Bankers In Ayr, and George Home, Esq, Factor for The Partners of The Said Company: HL 10 Feb 1779

The appellant was an original partner of Douglas, Heron, and Co. He was of the committee named by the subscribers for regulating their plan of operations, and was present, either personally, or by proxy, at seven of the nine general meetings of the partners, which were held during the subsistence of the Company, as a … Continue reading Alexander Gray, WS v Messrs Douglas, Heron, and Co, Late Bankers In Ayr, and George Home, Esq, Factor for The Partners of The Said Company: HL 10 Feb 1779

Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

The word ‘private’ in rule 39.2 means the same as ‘secret’. Lord Justice Mance said: ‘It may be equated with the old ‘in camera’ procedure, rather than the old ‘in chambers’ procedure.’ Privacy and confidentiality are features long assumed to be implicit in parties’ choice to arbitrate in England. Judges: Mance VC, Carnwath, Mance LJJ … Continue reading Department of Economic Policy and Development of City of Moscow and Another v Bankers Trust Company and Another: CA 25 Mar 2004

Routestone Limited v Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd); Knight Frank and Rutley (a Firm): CA 14 Nov 1996

The judge should never lose sight of the central truths that the ultimate decision is for the court and that all questions of relevance and weight are for the court. Judges: Butler-Sloss LJ Citations: [1996] EWCA Civ 964, (1997) 21 EG 148 Links: Bailii Jurisdiction: England and Wales Citing: Appeal from – Routestone Ltd v … Continue reading Routestone Limited v Minories Finance Limited (Formerly Johnson Matthey Bankers Ltd); Knight Frank and Rutley (a Firm): CA 14 Nov 1996

Bankers Trust Company v P T Jakarta International Hotels and Development: ComC 12 Mar 1999

Where an arbitration agreement referred to an arbitration under the rules of a major international scheme, by virtue of a standard form master agreement, this was sufficient and good reason to grant an injunction to enforce the reference. ComC Injunction restraining proceedings in a foreign court in breach of an arbitration agreement. Judges: Cresswell J … Continue reading Bankers Trust Company v P T Jakarta International Hotels and Development: ComC 12 Mar 1999

Bankers Trust International plc v PT Dharmala Sakti Sejahtera ; PT Dharmala Sakti Sejahtera v Bankers Trust International plc: ComC 19 Oct 1995

cw Conflict of laws – jurisdiction to restrain party to English proceedings from pursuing foreign proceedings – competing sets of substantive proceedings – abusive and oppressive pursuit of foreign proceedings Judges: Mance J Citations: Unreported 19 October 1995 Jurisdiction: England and Wales Jurisdiction Updated: 10 May 2022; Ref: scu.183292

Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003

Proceedings before an arbitrator were governed by rule 62.10, which provided its own entire code, and imposed a presumption in favour of privacy. The principles of Scott v Scott need not apply. Scott would now be decided under analogous reasonings under the Human Rights Act. Judges: Cooke J Citations: Times 01-Sep-2003 Statutes: Civil Procedure Rules … Continue reading Moscow City Council v Bankers Trust Company and Another: QBD 5 Jun 2003

British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011

The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They objected that the policy statement would require them to act beyond their obligations in law. Held: The … Continue reading British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011

Machin v Adams and others: CA 13 Sep 1995

Citations: [1995] EWCA Civ 3 Links: Bailii Jurisdiction: England and Wales Citing: Cited – Hedley Byrne and Co Ltd v Heller and Partners Ltd HL 28-May-1963 Banker’s Liability for Negligent ReferenceThe appellants were advertising agents. They were liable themselves for advertising space taken for a client, and had sought a financial reference from the defendant … Continue reading Machin v Adams and others: CA 13 Sep 1995

Veitch and Another v Avery: CA 12 Jul 2007

The claimants appealed the award of only nominal damages after they succeeded in their claim against their solicitors for negligence in their conduct of the defence of a mortgage possession action. Held: The appeal failed. The judge was correct to find that the claimants would not have received continuing support for the business. ‘There is … Continue reading Veitch and Another v Avery: CA 12 Jul 2007

McCullagh v Lane Fox and Partners Ltd: CA 19 Dec 1995

There was no duty in negligent mis-statement from a vendor’s estate agent to a purchaser for that purchaser’s financial loss after proceeding without first obtaining a survey relying upon the agent. Hobhouse LJ said: ‘On the Sunday, Mr. Scott knew, or ought to have known, that his representation was likely to be relied on by … Continue reading McCullagh v Lane Fox and Partners Ltd: CA 19 Dec 1995

Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

The defendant had charged his property to the Halifax. Abbey supplied funds to secure its discharge, but its own charge was not registered. It sought to take advantage of the Halifax’s charge which had still not been removed. Held: A mortgagee whose loan is used to repay another charged debt is subrogated to that debt, … Continue reading Boscawen and Others v Bajwa and Others; Abbey National Plc v Boscawen and Others: CA 10 Apr 1995

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012

Judges: Mr Justice Supperstone Citations: [2012] EWHC 1855 (QB) Links: Bailii Statutes: Proceeds of Crime Act 2002 Jurisdiction: England and Wales Citing: See Also – Shah and Another v HSBC Private Bank (UK) Ltd QBD 26-Jan-2009 The claimants sought damages after delays by the bank in processing transfer requests. The bank said that the delays … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 5 Jul 2012

Suriya and Douglas (a Firm) v Midland Bank Plc: CA 24 Feb 1999

The plaintiff firm of solicitors appealed against a decision refusing its claim for dmages after the defendant, its bankers, had failed to inform them of the existence of an account which would have paid them a higher rate of interest. Held: The appeal failed: ‘A bank’s relationship with a client is not without more one … Continue reading Suriya and Douglas (a Firm) v Midland Bank Plc: CA 24 Feb 1999

Brown Jenkinson and Co Limited v Percy Dalton (London) Limited: CA 1957

The claimants owned a vessel on which the defendants shipped a cargo of orange juice, packed in barrels which were old, frail and leaky. The claimants said they would issue a claused bill of lading stating the defects in the barrels. The defendants could only sell the juice with a clean bill of lading stating … Continue reading Brown Jenkinson and Co Limited v Percy Dalton (London) Limited: CA 1957

McBride v The Body Shop International Plc: QBD 10 Jul 2007

The claimant sought damages for libel in an internal email written by her manager, accusing her of being a compulsive liar. The email had not been disclosed save in Employment Tribunal proceedings, and the claimant sought permission to use the email and to extend the limitation period saying it had been withheld. Held: There had … Continue reading McBride v The Body Shop International Plc: QBD 10 Jul 2007

Lloyds Bank Plc v Independent Insurance Co Ltd: CA 26 Nov 1998

The bank had made an electronic transfer of funds for a customer in satisfaction of that customer’s proper debt, but it was done under a mistake of fact as to the cleared status of funds received. Held: The appeal was turned down. The bank was not entitled to restitution of payment once made. Judges: Gibson … Continue reading Lloyds Bank Plc v Independent Insurance Co Ltd: CA 26 Nov 1998

Credit Suisse Securities (Europe) Ltd Credit Suisse (UK) Ltd Credit Suisse Ag – London Branch Credit Suisse International v Revenue and Customs (Income Tax/Corporation Tax : Assessment: FTTTx 11 Feb 2020

BANKERS PAYROLL TAX – whether HMRC gave notice of their intention to enquire into appellants’ return under paragraph 23 Schedule 1 Finance Act 2010 – no – whether remuneration provided pursuant to ‘arrangements’ under paragraph 12 Schedule 1 Finance Act 2010 – yes – appeal allowed’ Citations: [2020] UKFTT 86 (TC) Links: Bailii Jurisdiction: England … Continue reading Credit Suisse Securities (Europe) Ltd Credit Suisse (UK) Ltd Credit Suisse Ag – London Branch Credit Suisse International v Revenue and Customs (Income Tax/Corporation Tax : Assessment: FTTTx 11 Feb 2020

Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998

The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written consent. Held: The bank had failed in its duty of disclosure of the … Continue reading Turner v Royal Bank of Scotland Plc: CA 24 Mar 1998

Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse: CA 13 Feb 1998

The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include (according to the authorities): ‘(a) the precise relationship between (to use convenient terms) … Continue reading Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse: CA 13 Feb 1998

The Financial Services Authority v Sinaloa Gold Plc and Others: SC 27 Feb 2013

The FSA sought injunctions to restrain the activities of the first defendants, including asset freezing orders under section 380 of the 2000 Act. The defendant’s bankers objected that they would be prejudiced by the restrictions without the FSA giving an appropriate undertaking as to damages. Held: The appeal was dismissed. There is no general rule … Continue reading The Financial Services Authority v Sinaloa Gold Plc and Others: SC 27 Feb 2013

Aspinalls Club Ltd v HM Revenue and Customs: UTTC 16 Jul 2012

UTTC Gaming duty – section 11 Finance Act 1997 – ‘banker’s profits’ – whether commissions and rebates to be taken into account in calculating banker’s profits Citations: [2012] UKUT 242 (TCC) Links: Bailii Statutes: Finance Act 1997 11 Jurisdiction: England and Wales Citing: Appeal from – Aspinalls Club Ltd v Revenue and Customs FTTTx 17-May-2011 … Continue reading Aspinalls Club Ltd v HM Revenue and Customs: UTTC 16 Jul 2012

Architects of Wine Ltd v Barclays Bank Plc: CA 20 Mar 2007

The bank appealed summary judgement against it for conversion of cheques. The cheques had been obtained by a fraud. Held: The court considered the question of neglience under section 4: ‘The section 4 qualified duty does not require an assumption of negligence, just because a bank bears the burden of showing that it took reasonable … Continue reading Architects of Wine Ltd v Barclays Bank Plc: CA 20 Mar 2007

Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997

The claimant sought damages after the planning authority allowed the first defendant to conduct a manufacturing business in the course of which spraying activities took place which caused them personal injuries and loss of business. Held: The planning system is a regulatory system as envisaged in X (Minors), such that there should be no private … Continue reading Regina v Lam and Others (T/a ‘Namesakes of Torbay’) and Borough of Torbay: CA 30 Jul 1997

Mahon and Another v Rahn and Others (1): CA 12 Jun 1997

Two company directors sued Swiss bankers who had responded to enquiries from the police in London. The charges which followed had been dismissed, and the directors sued in defamation, seeking to rely upon the materials sent to the police. Held: The appeal succeeded. There is no implied undertaking as to the use of disclosed documents … Continue reading Mahon and Another v Rahn and Others (1): CA 12 Jun 1997

HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007

Godden v Merthyr Tydfil Housing Association: CA 15 Jan 1997

The Plaintiff was a building contractor; the Defendant a housing association engaged in developing suitable sites for residential accommodation for letting to tenants. Before the contract the parties had successfully completed what was been called the Trelewis Development which followed, it is said, an oral arrangement. The plaintiff appealed a striking out of his claim … Continue reading Godden v Merthyr Tydfil Housing Association: CA 15 Jan 1997

First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996

The plaintiff claimed damages from the seller of land and from their solicitors for misrepresentation in the replies to enquiries before contract. He appealed a striking out of his claim. Held: A lawyer’s disclaimer placed on his Replies to Enquiries before Contract were to be examined carefully to see if they constituted an unfair term. … Continue reading First National Commercial Bank Plc v Loxleys (a Firm): CA 6 Nov 1996

Ex parte Coventry Newspapers Ltd: CA 1993

Documents had been disclosed by the Police Complaints Authority under court order for an appeal against conviction. They related to an investigation of the conduct of police officers who had given evidence against the appellant. The newspaper, now being sued for libel by the same police officers, applied for the accused to be given leave … Continue reading Ex parte Coventry Newspapers Ltd: CA 1993

Commissioners of Customs and Excise v Institute of Directors, BAA Plc v Commissioners of Customs and Excise: CA 11 Dec 2002

The court examined arrangements whereby organisations which were not banks, endorsed credit cards to be issued by banks to their members. Held: The granting of credit was exempt from VAT, and also were exempted negotiations of credit and the provision of intermediary services. It was wrong to seek to characterise the arrangement as the mere … Continue reading Commissioners of Customs and Excise v Institute of Directors, BAA Plc v Commissioners of Customs and Excise: CA 11 Dec 2002

Regina v Sui Soi Ngan: CACD 11 Jul 1997

A cheque drawn on funds which the defendant knew to have been mistakenly credited were not stolen when the cheque was drawn and sent to Scotland but on the presentation of the cheque to his bankers in England. Citations: Times 24-Jul-1997, Gazette 03-Sep-1997, [1997] EWCA Crim 1816 Statutes: Theft Act 1968 3 Jurisdiction: England and … Continue reading Regina v Sui Soi Ngan: CACD 11 Jul 1997

In re Highfield Commodities Ltd: ChD 1985

The court’s discretion in appointing provisional liquidators is unfettered provided it is exercised in a ‘proper judicial manner’. Sir Robert Megarry V-C said: ‘I would respectfully express my complete agreement with the view taken by [the judge]. I do not think that the old authorities, properly read, had the effect of laying down any rule … Continue reading In re Highfield Commodities Ltd: ChD 1985

Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004

The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004

The Financial Services Authority v Sinaloa Gold Plc and Others: CA 18 Oct 2011

Judges: Mummery, Patten LJJ, Hedley J Citations: [2011] EWCA Civ 1158 Links: Bailii Jurisdiction: England and Wales Cited by: Appeal from – The Financial Services Authority v Sinaloa Gold Plc and Others SC 27-Feb-2013 The FSA sought injunctions to restrain the activities of the first defendants, including asset freezing orders under section 380 of the … Continue reading The Financial Services Authority v Sinaloa Gold Plc and Others: CA 18 Oct 2011

Aspinalls Club Ltd v Revenue and Customs: FTTTx 17 May 2011

FTTTx Gaming duty — section 11 Finance Act 1997 — ‘banker’s profits’ — whether commissions and rebates to be taken into account in calculating ‘banker’s profits’ Citations: [2011] UKFTT 325 (TC) Links: Bailii Statutes: Finance Act 1997 11 Cited by: Appeal from – Aspinalls Club Ltd v HM Revenue and Customs UTTC 16-Jul-2012 UTTC Gaming … Continue reading Aspinalls Club Ltd v Revenue and Customs: FTTTx 17 May 2011

Awoyomi v Radford and Another: QBD 12 Jul 2007

The claimant sought damages from the defendant barristers who had represented her in criminal proceedings. They had not passed on to her the statement made by the judge in chambers that if she pleaded guilty he would not impose a sentence of imprisonment, but sought to persuade her to change her plea. When she did … Continue reading Awoyomi v Radford and Another: QBD 12 Jul 2007

Van Der Merwe and Another v IIG Capital Llc: ChD 13 Nov 2007

The parties had entered into a debt factoring agreement, under which repayment was sought of some $30m, and the claimants were said to have guaranteed the loan by the factor to their company. The court was asked whether the guarantors had the same defences to an action as the original debtor. The factor said that … Continue reading Van Der Merwe and Another v IIG Capital Llc: ChD 13 Nov 2007

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

The claimant had been detained by the US in Guantanamo Bay suspected of terrorist involvement. He sought to support his defence documents from the respondent which showed that the evidence to be relied on in the US courts had been obtained by torture, and in particular by the hiding of his detention for many months … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 1): Admn 21 Aug 2008

Essentially Different Ltd v Bank of Scotland Plc: ComC 10 Mar 2011

The claimant sought damages from its bankers saying that having agreed a loan, it had sought to add new conditions before paying the second tranche. The defendant said that there had been misrepresentations. Judges: Burton J Citations: [2011] EWHC 475 (Comm) Links: Bailii Jurisdiction: England and Wales Banking, Contract Updated: 03 September 2022; Ref: scu.430499

Paddick v Associated Newspapers Ltd: QBD 10 Dec 2003

The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material. Held: The application failed. The claimant had stated that the balance of the material did not relate to the case, and in the absence of evidence to the contrary … Continue reading Paddick v Associated Newspapers Ltd: QBD 10 Dec 2003

Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

The claimant intended to seek recovery of a very substantial sum from the defendant. On learning of the defendant’s intention to sell its assets, it sought an order freezing them. Held: The court has the discretion to order a freezing of a defendant’s assets so as to prevent a transfer of those assets, even though … Continue reading Commissioners of Customs and Excise v Anchor Foods Ltd (No 2): ChD 24 Mar 1999

Moore and Gallop v Evans: HL 1 Nov 1917

The appellants, an English firm, insured their stock of jewellery with the respondent under a policy covering ‘loss of, damage, or misfortune to the property.’ Previous to 22nd July 1914 the appellants consigned part of their stock to customers in Brussels and Frankfort on sale or return. By reason of the outbreak of war with … Continue reading Moore and Gallop v Evans: HL 1 Nov 1917

Shah and Another v HSBC Private Bank (UK) Ltd: QBD 16 May 2012

The Claimants claimed damages in a sum in excess of US$300,000,000 arising out of delays by the Defendant, their bankers, in executing four transfers from the Claimants’ account during the period September 2006 to March 2007 and the Defendant’s failure to explain the reasons for such delays. Judges: Supperstone J Citations: [2012] EWHC 1283 (QB), … Continue reading Shah and Another v HSBC Private Bank (UK) Ltd: QBD 16 May 2012

Kennedy v The Charity Commission: SC 26 Mar 2014

The claimant journalist sought disclosure of papers acquired by the respondent in its conduct of enquiries into the charitable Mariam appeal. The Commission referred to an absolute exemption under section 32(2) of the 2000 Act, saying that the exemption continued until the papers were destroyed, or for 20 years under the 1958 Act. Held: The … Continue reading Kennedy v The Charity Commission: SC 26 Mar 2014

European Asian Bank AG v Punjab and Sind Bank: CA 1983

The court heard a claim by the appellant bank against the issuing bank of a deferred payment letter of credit. The appellants had negotiated the credit by paying its discounted value to the Beneficiary. Between that date and the maturity date fraud, or alleged fraud, on the part of the Beneficiary was discovered and the … Continue reading European Asian Bank AG v Punjab and Sind Bank: CA 1983

Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999

The 1987 Act and its Regulations enabled a local authority with proper grounds for suspecting that a safety provision had been contravened in relation to goods, to issue a ‘suspension notice’ prohibiting a person on whom it was served from supplying those goods. It would be a criminal offence to breach that prohibition. The Council … Continue reading Baby Products Association and Another, Regina (on the Application of) v Liverpool City Council: Admn 23 Nov 1999

Securities and Investments Board v Lloyd-Wright and Another: ChD 23 Jun 1993

The SIB sought injunctions pursuant to the 1986 Act, three to prevent continued breaches of the law and fourth, an asset freezing order. It was argued that although it might be right to dispense with a cross-undertaking in damages in relation to the first three injunctions, a Mareva was quite different and that ‘such an … Continue reading Securities and Investments Board v Lloyd-Wright and Another: ChD 23 Jun 1993

Heather Moor and Edgecomb Ltd, Regina (on the Application Of) v Financial Ombudsman Service and Another: CA 11 Jun 2008

Rix LJ considered the possible scope of rules made by the respondent saying: ‘In my judgment, the following values are all to be appreciated and brought into a pragmatic balance: that an efficient and cost-effective and relatively informal type of alternative dispute resolution should not be stifled by the imposition of legal doctrine; that the … Continue reading Heather Moor and Edgecomb Ltd, Regina (on the Application Of) v Financial Ombudsman Service and Another: CA 11 Jun 2008

Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

The claimants sought damages after the birth of their child with a severe hereditary disease which they said the defendant hospital had failed to diagnose after testing for that disease. The hospital sought a contribution from the company CSL who had carried out the test. The third party said that the claim was out of … Continue reading Farraj and Another v King’s Healthcare NHS Trust and Another: QBD 26 May 2006

Mahon v Rahn and others (No 2): CA 8 Nov 1999

Brooke LJ attempted to draw a distinction between simple cases. Judges: Ward LJ, Waller LJ, Brooke LJ Citations: [1999] EWCA Civ 3017, [2000] 1 WLR 2150 Links: Bailii Jurisdiction: England and Wales Citing: See Also – Mahon v Rahn QBD 19-Jun-1996 Directors of a London firm of stockbrokers brought libel proceedings against two Swiss bankers. … Continue reading Mahon v Rahn and others (No 2): CA 8 Nov 1999

Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 14 Feb 2006

The defendant solicitors were being sued for professional negligence. The claimants had taken legal advice after termination of the retainer which led to the present action, and sought to rely upon part of counsel’s opinion. The defendants sought full disclosure of the papers relating to the advice. Held: The court would order further limited disclosure … Continue reading Fulham Leisure Holdings Ltd v Nicholson Graham and Jones: ChD 14 Feb 2006

Friends Provident Life and Pensions Ltd v Sirius International Insurance: CA 24 May 2005

The appellants provided excess layer professional indemnity insurance cover on a claims made basis. Insurers complained that although the insured had become aware of possible sources of claims, he had not given notice to the insurer, and had thereby created a repudiatory breach. Held: There was no justification for an extension of the concept of … Continue reading Friends Provident Life and Pensions Ltd v Sirius International Insurance: CA 24 May 2005

Precis (521) Plc v William M Mercer Ltd: CA 15 Feb 2005

Purchasers of a company sought to claim in negligence against the respondent actuaries in respect of a valuation of the company’s pension funds. Held: There was a paucity of authority as to when a duty of care was assumed. The words used and the subjective view of the information provider were not determinative, but in … Continue reading Precis (521) Plc v William M Mercer Ltd: CA 15 Feb 2005

Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004

The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in … Continue reading Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others: HL 2 Dec 2004

Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. ‘a duty ought to be imposed on the Bank, towards claimants who have … Continue reading Customs and Excise v Barclays Bank Plc: CA 22 Nov 2004

Turner v Royal Bank of Scotland Plc: CA 23 Jan 2001

The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal. Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to the claimant, or that he had suffered any loss. Citations: [2001] EWCA Civ 64 … Continue reading Turner v Royal Bank of Scotland Plc: CA 23 Jan 2001

Frasers (Glasgow) Bank Ltd v Inland Revenue: HL 20 Feb 1963

The Appellant Company carried on a bona fide banking business on a restricted scale. It operated primarily to facilitate transactions within a group of companies controlled by its own chairman, managing director and controlling shareholder, F, but there were also a number of deposit and current accounts opened by persons who were not members of … Continue reading Frasers (Glasgow) Bank Ltd v Inland Revenue: HL 20 Feb 1963

Western Intelligence Ltd v KDO Label Printing Machines Ltd (In Administrative Receivership): ChD 15 Jul 1998

A failure of bankers accountants and insolvency practitioners to consider properly the value of a company’s intellectual property was now critical and could often make the difference in preventing phoenix companies arising from insolvencies. Citations: Times 15-Jul-1998 Jurisdiction: England and Wales Intellectual Property Updated: 10 June 2022; Ref: scu.90413

Commissioner of Police of the Metropolis v Lennon: CA 20 Feb 2004

The claimant police officer considered being transferred to Northern Ireland. He asked and was incorrectly told that his housing allowance would not be affected by taking time off work. Held: The break between employments had affected his entitlements. The finding of a duty of care and its breach involved no new extension of the law. … Continue reading Commissioner of Police of the Metropolis v Lennon: CA 20 Feb 2004

Financial Services Authority v Sinaloa Gold Plc and Others: ChD 25 Jan 2011

The court considered issues arising on an application by the regulator for an injunction to restrain the defendant operating what it said was an unregulated share dealing scheme. Barclays Bank, bankers to the main defendant complained that as third party creditors of the company they would be prejudiced by the intervention. The FSA offered no … Continue reading Financial Services Authority v Sinaloa Gold Plc and Others: ChD 25 Jan 2011

Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

The claimant had contracted to purchase lead from some of the defendants. There were delays in payment but when funds were made available they should have been repaid. An incorrect bill of lading was presented. The bill certified that the goods had been loaded, but they had not. Held: An inspector certifying the goods should … Continue reading Niru Battery Manufacturing Company, Bank Sepah Iran v Milestone Trading Limited: CA 23 Oct 2003

Downtex v Flatley: CA 2 Oct 2003

The claimants sought damages for defamation and breach of contract. The claimants had purchased a business from the defendant, which contract included a clause requiring the defendant to say nothing damaging about the business. The defendant asserted qualified privilege. The defendant was alleged to have told suppliers, by means of anonymous letters, that they were … Continue reading Downtex v Flatley: CA 2 Oct 2003

Manx Electricity Authority v J P Morgan Chase Bank: CA 3 Oct 2003

The claimant sought to appeal an order striking out its claim against the defendant under a performance bond. The defendant denied that the demand was valid, saying it did not allege a current breach of the contract. Held: The point upon which the strike out action succeeded was flawed. The breach continued, and the obligations … Continue reading Manx Electricity Authority v J P Morgan Chase Bank: CA 3 Oct 2003

Sweetman v Nathan and others: CA 25 Jul 2003

The claimant had been engaged with his solicitor in a fraudulent land transaction. He now sought to sue the solicitor for negligence. The solicitor replied that the claimant was unable to rely upon his own unlawful act to make a claim. Held: Although the claimant’s fraud on the bank was a ‘but for’ cause of … Continue reading Sweetman v Nathan and others: CA 25 Jul 2003

Smith v Muscat: CA 10 Jul 2003

The tenant was sued by his landlord for arrears of rent, but sought an equitable set-off for damages for disrepair accruing under the previous landlord. Held: If the entitlement to recover arrears of rent passes from assignor to assignee, and if the amount of that entitlement is reduced or extinguished at common law by money … Continue reading Smith v Muscat: CA 10 Jul 2003

Morgan Grenfell and Co Ltd v Sace – Istituto Per i Servizi Assicurativi Del Commercio: CA 19 Dec 2001

The claimants sought to recover under guarantees, issued by the respondent banks, underwriting export credit guarantees. Though described as guarantees, the agreements were in law and substance, contracts of insurance governed by Italian law. The respondents refused to pay alleging failure to disclose the absence of investigation of the financial viability of the payer. Held: … Continue reading Morgan Grenfell and Co Ltd v Sace – Istituto Per i Servizi Assicurativi Del Commercio: CA 19 Dec 2001

Gold Coast Ltd v Caja De Ahorros Del Mediterraneo and others: CA 6 Dec 2001

The banks appealed findings as to their liability to pay out under on-demand guarantees they had given in respect of stage payments for the construction of a ship. It was claimed that the delivery times had not been met, and the builder was in default. The demand was certified by the buyer’s bankers who had … Continue reading Gold Coast Ltd v Caja De Ahorros Del Mediterraneo and others: CA 6 Dec 2001

Designers Guild Limited v Russell Williams (Textiles) Limited: PatC 14 Jan 1998

The defendant denied that it had copied the plaintiff’s designs. Held: There was sufficient evidence of copying. It was wrong to dissect a work, but rather the court should look at the matter as a whole. Judges: Lawrence Collins QC Citations: [1998] EWHC Patents 349, [1998] FSR 803 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading Designers Guild Limited v Russell Williams (Textiles) Limited: PatC 14 Jan 1998

Douglas and others v The Right Honourable Sir Lynden Oscar Pindling: PC 13 May 1996

(Bahamas) A commission investigating the activities of a company, sought disclosure of its bankers records. The committee held that this was not a constitutional issue, and that leave to appeal as of right did not exist, but special leave was possible and appropriate. The Act gave wider powers to order inspection than only for special … Continue reading Douglas and others v The Right Honourable Sir Lynden Oscar Pindling: PC 13 May 1996

Mahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2): CA 8 Jun 2000

The defendant’s lawyers wrote to a financial services regulatory body investigating the possible fraudulent conduct of the plaintiff’s stockbroking firm. The letter was passed to the Serious Fraud Office who later brought criminal proceedings against the plaintiffs and the letter was disclosed to them. After their acquittal they brought a claim for libel based on … Continue reading Mahon, Kent v Dr Rahn, Biedermann, Haab-Biedermann, Rahn, and Bodmer (a Partnership) (No 2): CA 8 Jun 2000

Alfred Mcalpine Plc v BAI (Run-Off) Limited: CA 11 Feb 2000

Obligations in a Notice of Claims clause should not be treated as conditions precedent to liability but as innominate terms apt only to create a defence to a claim under the policy if the consequences of breach are so serious as to give the insurers a right to reject the claim. Judges: Waller LJ Citations: … Continue reading Alfred Mcalpine Plc v BAI (Run-Off) Limited: CA 11 Feb 2000