Knox J declined to look at evidence about an agreed overdraft limit, regarding it as a ‘collateral arrangement’. He said: ‘this is a type of transaction in respect of which judicial precedent is a particularly valuable guide to the commercial adviser. It is one of the main justifications for the doctrine of precedent that the … Continue reading In re A Company (No 005009 of 1987); Ex parte Copp: 1989
US Treasury social security orders were stolen in the USA, and brought to London, where they were endorsed at a bank for payment in the USA. Held: On those facts the ‘acceptance’ of the bills could only have taken place in the USA, and therefore there was no jurisdiction to try charges of execution of … Continue reading Regina v Nanayakkara: CACD 1987
A claim was made for the price of goods sold and delivered. The defendant’s solicitor gave an oral undertaking to his counterpart to procure the execution by directors of his client company of charges over their homes in return for an adjournment sine die. The charges were not executed, and the defendant company went into … Continue reading Udall v Capri Lighting Ltd (in liquidation): CA 1987
The court accepted that in a case where the garnishee was not indebted within the jurisdiction that might be relevant to the exercise of the court’s discretion. Since, in this case, the debt in question was an English debt, the court’s jurisdiction in relation to foreign debts did not fall for decision. The legislation has … Continue reading SCF Finance Co Ltd v Masri (No 3): 1987
Jamaica – The customer appealed against refusal of an order requiring its bank not to close the customer accounts after the customer had been accused of fraud. There was no evidence that the account was being used unlawfully.
Held: In the . .
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Proper basis for appeal against Banking tribunal finding of unfitness. Citations: Times 10-Aug-1994 Statutes: Banking Act 1987 28 Jurisdiction: England and Wales Banking Updated: 02 June 2022; Ref: scu.89181
The Board was liable to pay compensation claims from equitable assignees of depositors with a failed bank. They were not to be excluded from making claims. Citations: Gazette 16-Jun-1993, Independent 18-May-1993, Times 11-May-1993 Statutes: Banking Act 1987 58(1) Jurisdiction: England and Wales Citing: Appeal from – Depositors Protection Board v Dalia and Another ChD 18-Nov-1992 … Continue reading Depositors’ Protection Board v Dalia and Another: CA 11 May 1993
The parties came together in a limited partnership to develop property. The appeal was against a refusal to grant summary judgment on a claim that one party had been induced to enter the contract by a fraudulent misrepresentation. Held: In this case, the defendant knew of the unlawful activity, and had no arguable defence, and … Continue reading Criterion Properties Plc v Stratford UK Properties and others: CA 18 Dec 2002
The claimants shipped goods to Chile through the defendant shipping line. The goods were lost. The shippers rights of suit under the contract of carriage had been transferred to a third party. Held: The shippers as the bank’s principals couldn’t be the holders of the bills endorsed to the banks, and the rights of suit … Continue reading P and O Nedlloyd B v Dampskibsselskabet Af, 1912, Aktieselskab, Aktieselskabet Dampskibsselskabet Svendborg v Utaniko Limited, East West Corporation: CA 12 Feb 2003
The defendant appealed his conviction for obtaining property by deception where part of the offence had taken place abroad. Held: Smith should be overturned. The last act or terminatory theory remains the binding common law of England and Wales. The correct rule was that before an English court could try an offence it was necessary, … Continue reading Regina v Manning: CACD 24 Jun 1998
The offence of making a fraudulent inducement to make a deposit was complete on the making of the fraudulent statement. Citations: Ind Summary 27-Nov-1995 Statutes: Banking Act 1987 35(1) Jurisdiction: England and Wales Crime Updated: 08 October 2022; Ref: scu.86664
The offence of accepting an unauthorised deposit requires both knowledge of the act and an agreement to it. Where ‘consent’ is alleged against him, a defendant has to be proved to know the material facts which constitute the offence by the body corporate and to have agreed to its conduct of the business on the … Continue reading Attorney General’s Reference (No 1 of 1995); Regina v B; Regina v F: CACD 30 Jan 1996
A neighbour challenged the use of houses as temporary accommodation for homeless youths. The properties housed up to six youths, who, the council claimed lived together as a single unit, and therefore came within Class C3. Held: Nothing in the case law suggested that such a group must constitute a household before coming together within … Continue reading Regina (on the application of Hossack) v Kettering Borough Council and another: CA 25 Jun 2002
Westmaze were mechanical engineers. They gave a charge to secure borrowings, which described itself as a fixed charge. Held: A Charge over a company’s book and trading assets was in fact floating even though described as a fixed charge unless it could be shown clearly that the creditor took the right to control the assets … Continue reading In Re Westmaze Ltd (In Administrative Receivership): ChD 15 May 1998
(New Zealand) A charge had been given by a company over its book debts. The charge was expressed to create a fixed charge over debts uncollected when a receiver was appointed, so that on collection they became payable to the bank. Until the receiver was appointed, the charge claimed to be a floating charge, and … Continue reading Agnew and Kevin James Bearsley v The Commissioner of Inland Revenue, and Official Assignee for the Estate In Bankruptcy of Bruce William Birtwhistle and Mark Leslie Birtwhistle: PC 5 Jun 2001
Equitable assignees of deposits in a bank where those deposits were protected under the scheme, were entitled to the compensation which would have been paid to the beneficial owners. Citations: Gazette 18-Nov-1992 Statutes: Banking Act 1987 59(1)(a) Cited by: Appeal from – Depositors’ Protection Board v Dalia and Another CA 11-May-1993 The Board was liable … Continue reading Depositors Protection Board v Dalia and Another: ChD 18 Nov 1992
The House was asked as to the meaning of the word ‘depositor’. Regulations were prayed in aid which were made four years after the date of the enactment. Held: The protection given by the Depositor Protection Scheme does not extend to equitable assignees of deposits. Such assignees are not depositors within the meaning of the … Continue reading Depositors’ Protection Board v Dalia: HL 20 May 1994
A banker disclosing information about a customer’s business affairs save under lawful requirement, would commit a criminal offence. The head of a member of a Federation, the Ruler of Abu Dhabi, was not entitled to immunity while the President of the entity of which Abu Dhabi formed part, namely the United Arab Emirates, was entitled … Continue reading Bank of Credit and Commerce International (Overseas) Ltd (In Liqidation) and Others v Price Waterhouse and Others, Abu Dhabi Etc: ChD 25 Jun 1997
A bank owed debts to a judgment debtor customer on accounts held both in London and in Africa. It was accepted that the former were subject to a garnishee order. The dispute concerned the latter. Held: The bank is no doubt indebted to the judgment debtor and the bank is within the jurisdiction. The Order … Continue reading Richardson v Richardson: KBD 1927
Stolen travellers’ cheques were cashed in France and then presented through normal banking channels to a bank in England. The first and main ground of appeal was that no offence had been thereby committed within the jurisdiction of the Crown Court, because the ‘execution’ of the valuable security, by its ‘acceptance’, had taken place in … Continue reading Regina v Beck: CACD 1984
An injunction was sought against a Panamanian ship-owning company to restrain it from disposing of a fund, consisting of insurance proceeds, in England. The claimant for the injunction was suing the company in a Cyprus court for damages and believed the company to have no other assets from which to meet the hoped-for damages award … Continue reading Siskina (owners of Cargo lately on Board) v Distos Compania Naviera SA: HL 1979
An agreement between the parties for assignment or novation of a credit agreement, contained a ‘take out’ agreement (‘TOA’). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of … Continue reading National Westminster Bank v Utrecht-America Finance Company: CA 10 May 2001
The plaintiff firm of solicitors sought to recover money which had been stolen from them by a partner, and then gambled away with the defendant. He had purchased their gaming chips, and the plaintiff argued that these, being gambling debts, were worthless, and that therefore no consideration had been given. Held: The casino’s defence succeeded. … Continue reading Lipkin Gorman (a Firm) v Karpnale Ltd: HL 6 Jun 1991
Former HL decision in Siebe Gorman overruled The company had become insolvent. The bank had a debenture and claimed that its charge over the book debts had become a fixed charge. The preferential creditors said that the charge was a floating charge and that they took priority. Held: The appeal was allowed. The debenture, although … Continue reading National Westminster Bank plc v Spectrum Plus Limited and others: HL 30 Jun 2005
The court considered the interpretation of the 1882 Act, which was said to be a codifying Act. Held: An Act is to be ascertained in the first instance from the natural meaning of its language and is not to be qualified by considerations deriving from the antecedent law.Lord Watson said: ‘The decision of the Queen’s … Continue reading Bank of England v Vagliano Brothers: HL 5 Mar 1891
The landowner sought to use houses as temporary accommodation for young people in need. The council asserted that this use of each of the properties was ‘use as a dwelling house by the residents living together as a single household’ under class C3. Held: The critical question was whether the individuals in the house had … Continue reading Hossack, Regina (on the Application of) v Kettering Borough Council and Another: Admn 25 Mar 2002
The Office sought a declaration that the respondent and other banks were subject to the provisions of the Regulations in their imposition of bank charges to customer accounts, and in particular as to the imposition of penalties or charges for the breach of the overdraft limits. Held: The relevant terms were not exempt from assessment … Continue reading Office of Fair Trading v Abbey National Plc and seven Others: ComC 24 Apr 2008
A ship charterer discovered that the bills of lading were incorrect, but delayed withdrawal from the charter for 13 days. They now sought leave to appeal the arbitration award against them. Held: Though he deprecated extending the use of the expression ‘purposive construction’ from the interpretation of statutes to the interpretation of private contracts, Lord … Continue reading Antaios Compania Naviera SA v Salen Rederierna AB (‘the Antaios’): HL 1984
Wife in Occupation had Overriding Interest The wife had made a substantial financial contribution to the purchase price of the house which was registered only in her husband’s name, and charged to the bank. The bank sought possession. The wife resisted saying that she had an overriding interest. Held: Her equitable interest was not only … Continue reading Williams and Glyn’s Bank Ltd v Boland: HL 19 Jun 1980
The applicants alleged misfeasance against the Bank of England in respect of the regulation of a bank. Held: The Bank could not be sued in negligence, but the tort of misfeasance required clear evidence of misdeeds. The action was now properly pleaded, and the bank knew the case it had to answer. The issue of … Continue reading Three Rivers District Council and Others v Governor and Company of The Bank of England: HL 18 May 2000
The test of whether a person who received funds held them on constructive trust, was not whether he himself was dishonest, but rather whether he had knowledge of circumstances which made it unconscionable to hold on to the money received. In respect . .
Criterion sought to set aside a shareholders agreement. Their partner had said they were concerned that another party was taking Criterion over and that this would put at risk their working relationships. The agreement sought to add a poison pill to . .