The eighth defendant sought to have service of the proceedings set aside for want of jurisdiction.
Walker J
[2014] EWHC 2687 (Comm)
England and Wales
Updated: 26 July 2022; Ref: scu.537516
In a case where the defendant said that a mortgage had been signed from undue pressure the court may find actual undue influence as opposed to presumed undue influence. Slade LJ said: ‘Ever since the judgments of this court in Allcard v Skinner a clear distinction has been drawn between (1) those cases in which the court will uphold a plea of undue influence only if it is satisfied that such influence has been affirmatively proved on the evidence (commonly referred to as cases of ‘actual undue influence’); (2) those cases (commonly referred to as cases of ‘presumed undue influence) in which the relationship between the parties will lead the court to presume that undue influence has been exerted unless evidence is adduced proving the contrary, eg by showing that the complaining party has had independent advice.’ He defined actual undue influence as: ‘Leaving aside proof of manifest disadvantage, we think that a person relying on a plea of actual undue influence must show: (a) that the other party to the transaction (or someone who induced the transaction for his own benefit) had the capacity to influence the complainant; (b) that the influence was exercised; (c) that its exercise was undue; (d) that its exercise brought about the transaction’
Slade LJ
[1992] 4 All ER 955, [1989] 2 WLR 759, [1990] 1 QB 923
England and Wales
Cited – Allcard v Skinner CA 1887
The donor had parted with almost all her property. She now sought to have the transaction set aside for undue influence.
Held: Where a wife has entered into a gratuitous transaction with her husband, the burden was on the husband as donee to . .
Cited – Dunbar Bank Plc v Nadeem and Another CA 1-Jul-1998
Manifest disadvantage had to be shown in order to establish a claim of presumed undue influence, but only damage if actual undue influence shown. Equity can only help if restitutio in integrum could be achieved. . .
Cited – Governor and Company of Bank of Scotland v Bennett and Another CA 21-Dec-1998
The bank appealed an order setting aside a deed of guarantee and mortgage and denying the possession order sought. The guarantee had been given to support borrowings of the defendant’s company. The defendant was the wife of the director and had been . .
Cited – Barclays Bank Plc v O’Brien and Another HL 21-Oct-1993
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed.
Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .
Disapproved – CIBC Mortgages Plc v Pitt and Another HL 21-Oct-1993
Mrs Pitt resisted an order for possession of the house saying that she had signed the mortgage only after misrepresentations by and the undue infuence of her husband who was acting as the bank’s agent.
Held: A bank was not put on enquiry as to . .
Cited – Brown v Stephenson ChD 23-Aug-2013
The claimant sought to have set aside transfers and declarations of trust made by her in the defendant’s favour, saying that they had been given under his undue influence taking advantage of her dyslexia, and by bullying.
Held: The claims of . .
Lists of cited by and citing cases may be incomplete.
Updated: 25 July 2022; Ref: scu.180570
UK has jurisdiction in infringement by foreign bank through the distribution of a loan note.
Times 15-Aug-1996
England and Wales
Updated: 25 July 2022; Ref: scu.77580
Sir Alastair Norris
[2020] EWHC 3565 (Ch)
England and Wales
Updated: 25 July 2022; Ref: scu.656905
[2013] NICA 72
Northern Ireland
Updated: 25 July 2022; Ref: scu.521283
Sales j
[2013] EWHC 2670 (Ch)
England and Wales
Updated: 25 July 2022; Ref: scu.514982
Weatherup J
[2012] NIQB 36
Northern Ireland
Updated: 25 July 2022; Ref: scu.465484
The claimant sought recovery of bank charges taken by the defendant, and appealed against refusal to lift a stay on his claim.
[2009] EWHC 733 (QB)
England and Wales
Updated: 24 July 2022; Ref: scu.341879
A joint stock banking Company carried on business, by means of branches, at various places; amongst others, at G. and B. The Company was one; but each branch kept separate accounts, had separate customers, and in all respects transacted business like a separate bank. Defendant, holder of a cheque drawn on the G branch, by a person who kept an account there, got cash for it at. The B branch. The cheque was without laches forwarded by the B branch to the G branch. When it was cashed the balance in the G branch to the credit of the drawer exceeded the amount of the cheque; but when it arrived at G that balance had been paid away, and the cheque was dishonoured. The Company having sued for money had and received, on the ground of failure of consideration.
Held: that they were entitled to recover; as the B. branch could not, under the circumstances, be considered as honouring the cheque, nor as purchasing it, but as taking it from defendant on his credit, as they might have done a cheque drawn on any other bank. The circumstance that the banks at G. and B were branches of the same Company being, for this purpose, immaterial.
[1857] EngR 84, (1857) 7 El and Bl 519, (1857) 119 ER 1339
England and Wales
Updated: 24 July 2022; Ref: scu.289830
Applications by the defendants for a combination of a strike out and for summary judgment.
Purle QC HHJ
[2014] EWHC 4611 (Ch)
England and Wales
Updated: 24 July 2022; Ref: scu.550165
Picken J
[2019] EWHC 366 (Comm)
England and Wales
Updated: 24 July 2022; Ref: scu.634041
ECJ Judgment – Reference for a preliminary ruling – Directives 94/19/EC and 97/9/EC – Deposit-guarantee schemes and investor-compensation schemes – Savings and investment instruments – Financial instrument within the meaning of Directive 2004/39/EC – Exclusion of the guarantee – Direct effect – Conditions to be met in order to benefit from Directive 97/9/EC
R. Silva de Lapuerta, P
C-671/13, [2015] EUECJ C-671/13, ECLI:EU:C:2015:418
Directives 94/19/EC, Directive 2004/39/EC
European
Updated: 24 July 2022; Ref: scu.549580
Although the parties should be free to make the agreement they wanted to, and the court should listen, that would not mean that assets which were incapable of being made subject to a fixed charge could be made so by the joint intention of the parties.
Times 17-Nov-1999
England and Wales
Cited – National Westminster Bank Plc v Spectrum Plus Ltd; In re Spectrum Plus CA 26-May-2004
The court was asked whether a charge given over book debts in a debenture was floating or fixed.
Held: Since the charge asserted some control over receipt of the payments, it was a fixed charge. Upon payment into the account, title to the . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 July 2022; Ref: scu.81699
A standby letter of credit was issued by a Spanish bank and advised (but not confirmed) by a New York bank payable in New York.
Held: The governing law was the law of New York, as the place where the letter of credit was opened, the documents were to be presented and payment was to be made, rather than the law of Spain, the law of the country where the issuing bank was situated. The court also considered the duties of an issuing or confirming banker towards the seller of the goods in connection with a Letter of Credit. The court emphasised the difficulties for an advising bank if it had to consider its obligations under a foreign law and emphasised the difficulty which would arise if the advising bank had confirmed the letter of credit.
Ackner J
[1977] 1 WLR 399
England and Wales
Followed – Power Curber International Ltd v The National Bank of Kuwait CA 1981
The advising bank on a letter of credit was situated in Florida. The place where the credit was payable was North Carolina, and the place where the issuing bank had its place of business was Kuwait.
Held: (Waterhouse J dissenting) The contract . .
Cited – Pt Pan Indonesia Bank Ltd Tbk v Marconi Communications International Ltd CA 27-Apr-2005
The parties disputed the jurisdiction of the English courts over a letter of credit. It foresaw payment here and in sterling, made by the English bank as against the appropriate documents. Authority had been given for service out of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 24 July 2022; Ref: scu.224969
Claim alleging sale at undervalue by bank of charged property.
Mr Justice Etherton
[2001] EWHC Ch 475
England and Wales
Updated: 23 July 2022; Ref: scu.346886
The claimant had sought to conduct a competition to sell his house, the entry fees being collected by the defendant internet payment services provider. The defendant terminated the service to him, and he complained that that caused him substantial damages, and that the terms were unfair.
Held: ‘Mr Overy is not entitled to the protection of the Unfair Terms in Consumer Contracts Regulations 1999 but . . even if he had, I would not have held that any of the individual contractual provisions in his contract with Paypal which he challenges would be unenforceable under those Regulations, save for the unrestricted power reserved by Paypal to terminate without cause and without notice and some of the provisions limiting or restricting liability for breach of contract. On the other hand, Mr Overy is entitled to the protection of the Unfair Contract Terms Act 1977, though only two of the relevant contractual provisions are challenged on this basis. Under the Act, I have concluded that Paypal is nonetheless entitled to rely upon the exclusion of any liability for loss of profits, goodwill, business, contracts, revenue or anticipated savings under clause 2.5 of the User Agreement, and on the more general exclusion of liability for any indirect or consequential loss or damage.’
Hegarty QC J
[2012] EWHC 2659 (QB), [2013] Bus LR D1
Unfair Contract Terms Act 1977, Unfair Terms in Consumer Contracts Regulations 1999
England and Wales
Updated: 22 July 2022; Ref: scu.471776
Pill, Netherton, Jenkins LJJ
[2010] EWCA Civ 579
England and Wales
Cited – Hazell v Hammersmith and Fulham London Borough Council HL 1991
Swap deals outwith Council powers
The authority entered into interest rate swap deals to protect itself against adverse money market movements. They began to lose substantial amounts when interest rates rose, and the district auditor sought a declaration that the contracts were . .
Appeal From – Kommune and Another v DEPFA Acs Bank ComC 4-Sep-2009
Local authorities in Denmark sought to recover sums paid to the defendant banks for swap trading, saying that the payments had been outwith their powers. . .
See Also – Kommune and Another v Depfa Acs Bank and Another ComC 12-Feb-2010
. .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Cited – BPE Solicitors and Another v Hughes-Holland (In Substitution for Gabriel) SC 22-Mar-2017
The court was asked what damages are recoverable in a case where (i) but for the negligence of a professional adviser his client would not have embarked on some course of action, but (ii) part or all of the loss which he suffered by doing so arose . .
Lists of cited by and citing cases may be incomplete.
Updated: 22 July 2022; Ref: scu.416101
The parties disputed the effect of a guarantee contract.
David Steel J
[2009] EWHC 1590 (Comm)
England and Wales
Updated: 22 July 2022; Ref: scu.368298
Attempt to overrule the case of Robertson v Thomson.
[1951] UKHL 5, [1951] WN 110, 1951 SLT 201, 1951 SC (HL) 21
Scotland
Updated: 22 July 2022; Ref: scu.279710
[2006] EWHC 1321 (Ch)
England and Wales
See Also – Mahme Trust v Lloyds TSB Bank plc ChD 29-Jul-2004
The claimant began an action in England. The defendant sought a stay, saying the appropriate forum was Switzerland.
Held: The defendant was a truly multi-national orgaisation and had branches in many countries. The choice of forum belongs to . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.243051
Trower J
[2020] EWHC 3286 (Ch)
England and Wales
Updated: 21 July 2022; Ref: scu.656883
Second interlocutory appeal in the battle between Deutsche Bank and other creditors who have brought two actions in the Commercial Court to recover amounts due under loan or swap agreements which used LIBOR as a reference rate in the calculation of interest.
Longmore, Christopher Clarke, Sales LJJ
[2016] WLR(D) 119, [2016] EWCA Civ 119, [2016] 2 All ER (Comm) 689, [2016] 1 WLR 3598
England and Wales
See Also – Deutsche Bank Ag and Others v Unitech Global Ltd and Others ComC 28-Feb-2013
Applications for leave to amend pleadings. . .
See Also – Deutsche Bank Ag and Others v Unitech Global Ltd and Another ComC 20-Sep-2013
Defendant’s request for summary dismissal of claims saying that they had no real prospect fo success. The claimant said the applications were an abuse of process. . .
Appeal fom – Deutsche Bank Ag and Others v Unitech Global Ltd and Others ComC 3-Oct-2014
. .
Cited – IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation SC 1-Mar-2017
The court was asked whether the appellant NNPC, should have to put up a further USD 100m security (in addition to USD 80m already provided) in respect of a Nigerian arbitration award which the respondent, had been seeking since November 2004 to . .
Cited – Deutsche Bank Ag and Others v Unitech Global Limited and Others ComC 15-Apr-2019
. .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.560615
Applications for leave to amend pleadings.
Cooke J
[2013] EWHC 471 (Comm)
England and Wales
See Also – Deutsche Bank Ag and Others v Unitech Global Ltd and Another ComC 20-Sep-2013
Defendant’s request for summary dismissal of claims saying that they had no real prospect fo success. The claimant said the applications were an abuse of process. . .
See Also – Deutsche Bank Ag and Others v Unitech Global Ltd and Others ComC 3-Oct-2014
. .
See Also – Deutsche Bank Ag and Others v Unitech Global Ltd and Others CA 3-Mar-2016
Second interlocutory appeal in the battle between Deutsche Bank and other creditors who have brought two actions in the Commercial Court to recover amounts due under loan or swap agreements which used LIBOR as a reference rate in the calculation of . .
See Also – Deutsche Bank Ag and Others v Unitech Global Limited and Others ComC 15-Apr-2019
. .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.472691
Vos J
[2010] EWHC 1746 (Ch)
England and Wales
Updated: 21 July 2022; Ref: scu.420780
Merchant consigns goods to A. in England. A. becomes insolvent. The consignor may stop the goods at any time before they get into A.’s hands.
[1761] EngR 57, (1761) Amb 399, (1761) 27 ER 266 (B)
England and Wales
See Also – D’Aquila v Lambert (58) 9-Jun-1761
Where a consignee becomes insolvent, consignor has a right to stop the goods at any time before they come to his hands. . .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.375901
[1837] EngR 281, (1837) 11 Bligh NS PC 229, (1837) 6 ER 319
England and Wales
See Also – Samuel Walker, Jonathan Walker, Vincent Henry Eyre, And Richard Stanley v John Hardman, Thomas Cooke, William Baker And Sophia His Wife, And Charles Baylis And Ann His Wife 1837
. .
Lists of cited by and citing cases may be incomplete.
Updated: 21 July 2022; Ref: scu.313398
The defender bank sought to argue that the pursuer’s claims in negligent misrepresentation and breach of contract showed no basis and should be dismissed.
Woolman L
[2008] ScotCS CSOH – 146
Updated: 19 July 2022; Ref: scu.277033
Warren J
[2008] EWHC 1103 (Ch)
England and Wales
Updated: 19 July 2022; Ref: scu.267984
Mr Justice Evans-Lombe
[2008] EWHC 421 (Ch)
England and Wales
Updated: 19 July 2022; Ref: scu.266110
Once a cheque is presented for payment and payment is refused, the cheque is deemed not ‘duly paid’.
[1979] 2 Lloyd’s Rep 361
England and Wales
Cited – Florentino Comm Giuseppe Sri v Farnesi and Another ChD 11-Feb-2005
Company directors drew and signed company cheques, but the cheques did not bear the word ‘limited’ or permitted substitute. The cheques were not met and the claimants sued the signatories personally.
Held: The section made the signatory of . .
Lists of cited by and citing cases may be incomplete.
Updated: 19 July 2022; Ref: scu.223442
Money was transferred wrongfully out of the company, and then on again into the hands of the respondent. She received the money, and knew of its fraudulent provenance, but all her acts were committed outside the jurisdiction.
Held: It was not sufficient that the original act in breach of trust occurred within the jurisdiction, the claimant had to show that some act of the defendant had occurred here, if she was to be sued here.
Times 02-Apr-2001
England and Wales
Updated: 19 July 2022; Ref: scu.79951
Swift DBE J
[2015] EWHC 1343 (QB)
England and Wales
Updated: 19 July 2022; Ref: scu.547122
Defence to claim under guarantee.
Lord Tyre
[2014] ScotCS CSOH – 113
Scotland
Updated: 19 July 2022; Ref: scu.534152
Application to restrain withdrawal of banking services pending trial.
Henderson J
[2013] EWHC 3379 (Ch)
Money Laundering Regulations 2007
England and Wales
Updated: 19 July 2022; Ref: scu.517381
A freezing order had been served on the respondent bank in respect of a person with whom the claimant held a joint account. The bank relied on its contractual rights to do so in their standard conditions. The freezing order was set aside, but the claimant said the bank had acted unlawfully and negligently, but the pleadings did not reflect this element. The claimant said that it was his duty to put forward the facts and the court’s duty was to apply the law to them. He declined to amend his pleadings to add either a claim in negligence or ato plead a human rights claim. The court declined to hear the claim in negligence, and the claimant appealed.
Held: Though understandably, the court had erred. The claimant had not abandoned his claims, and the case was remitted to be heard before a different judge.
Rix LJ said:’Litigants in person, with which these courts are entirely familiar, are of course deserving of the court’s sympathy for the difficult role that they must fulfil as non-experts in the law, and of course they also need and deserve help and support as traditionally has always been given them not only by the court but also by opposing counsel, as is understood to be their duty. Nevertheless, this was not a complex matter. Mr Nelson is clearly an intelligent man and – indeed, as we know from past litigation with which he has been concerned and which is mentioned in the bank’s skeleton argument – a very experienced litigator in person over a great number of years. For this court simply to insist that Mr Nelson’s claim must be tried as a claim in contract when Mr Nelson is telling the court repeatedly that he does not have a claim in contract, is, it seems to me, for this court to override the autonomy of the litigant. I say that, as I have made clear, even of the litigant in person. One does not know, and, subject to limits, one is not entitled to enquire, why a litigant takes one course rather than another. It is often the case that the courts look with puzzlement at decisions of litigants, even those advised by senior counsel. Ultimately, however, once the court has made proper enquiries on behalf of a litigant in person the court must, it seems to me, respect the autonomy of the litigant. ‘
Sir Andrew Morritt VC, Rix LJ, Rimer LJ
[2008] EWCA Civ 1016
England and Wales
Updated: 19 July 2022; Ref: scu.276400
The OFT appealed a decision denyng that a credit card issuer had connected lender liability in respect of purchase by card holders abroad.
Held: The company took the benefit of having its card accepted by suppliers abroad, and therefore also had the liability sought.
Waller, Smith and Moore-Bick LJJ
[2006] EWCA Civ 268, Times 07-Apr-2006, [2006] 3 WLR 452, [2007] QB 1
England and Wales
Appeal from – Office of Fair Trading v Lloyds TSB Bank Plc and others ComC 12-Nov-2004
The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad. . .
Appeal from – Office of Fair Trading v Lloyds TSB Bank PlC and Others HL 31-Oct-2007
The House was asked whether the liability of a credit card company under the 1974 Act applied where the contract was performed abroad and subject to foreign law.
Held: The principle which disapplied an English statute in an extra-territorial . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.239220
The court used the phrase ‘immoderate and irrational’ to describe the character of a transaction which might of its nature suggest undue influence. A solicitor who is advising a client about a transaction and has reason to suspect that the client is the victim of undue influence is placed under a duty to the client to try and protect her.
The relationship of husband and wife did not as a matter of law raise a presumption of undue influence.
Lord Macnaghten
[1911] AC 120
Canada
Cited – Barclays Bank Plc v O’Brien and Another HL 21-Oct-1993
The wife joined in a charge on the family home to secure her husband’s business borrowings. The husband was found to have misrepresented to her the effect of the deed, and the bank had been aware that she might be reluctant to sign the deed.
Cited – Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc HL 11-Oct-2001
Wives had charged the family homes to secure their husband’s business borrowings, and now resisted possession orders, claiming undue influence.
Held: Undue influence is an equitable protection created to undo the effect of excess influence of . .
Cited – Brown v Stephenson ChD 23-Aug-2013
The claimant sought to have set aside transfers and declarations of trust made by her in the defendant’s favour, saying that they had been given under his undue influence taking advantage of her dyslexia, and by bullying.
Held: The claims of . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.180571
Briggs J
[2009] EWHC 1276 (Ch)
England and Wales
Updated: 18 July 2022; Ref: scu.346865
[2008] EWHC 1839 (Ch)
England and Wales
Updated: 18 July 2022; Ref: scu.271302
Renewed application for leave to appeal.
Rix, Toulson LJJ
[2008] EWCA Civ 851
England and Wales
See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and Others ComC 7-Dec-2007
The claimants sought damages from the defendant bank, saying that they had been induced by a fraudster to pay money into accounts at the bank, and claimed in dishonest assistance. . .
See Also – HSBC Bank Plc v 5th Avenue Partners Ltd and others ComC 21-Feb-2008
. .
Leave – SO v Hsbc Bank Plc and Another CA 3-Apr-2009
Etherton LJ held that ultimately the decision as to whether there is vicarious liability ‘is a conclusion of law based on primary facts rather than a simple question of fact’. . .
Lists of cited by and citing cases may be incomplete.
Updated: 18 July 2022; Ref: scu.271218
[2008] EWHC 1661 (Admin)
England and Wales
Updated: 18 July 2022; Ref: scu.271039
Etherton J
[2008] EWHC 463 (Ch)
England and Wales
Updated: 17 July 2022; Ref: scu.266477
Briggs J
[2008] EWHC 659 (Ch)
England and Wales
Updated: 17 July 2022; Ref: scu.266522
[2006] EWHC 1287 (QB)
England and Wales
Updated: 17 July 2022; Ref: scu.242704
[2019] EWHC 1839 (Ch)
England and Wales
Updated: 17 July 2022; Ref: scu.640066
[2019] EWCA Civ 1187
England and Wales
Updated: 17 July 2022; Ref: scu.639779
(Common foreign and security policy) Grand Chamber – Common foreign and security policy (CFSP) Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban United Nations Security Council Resolutions adopted under Chapter VII of the Charter of the United Nations Implementation in the Community Common Position 2002/402/CFSP Regulation (EC) No 881/2002 ‘ Measures against persons and entities included in a list drawn up by a body of the United Nations Freezing of funds and economic resources Committee of the Security Council created by paragraph 6 of Resolution 1267 (1999) of the Security Council (Sanctions Committee) Inclusion of those persons and entities in Annex I to Regulation (EC) No 881/2002 Actions for annulment Competence of the Community Joint legal basis of Articles 60 EC, 301 EC and 308 EC Fundamental rights Right to respect for property, right to be heard and right to effective judicial review
[2009] 1 AC 1225, [2008] EUECJ C-402/05, [2009] 3 WLR 872
European
See Also – Kadi v Council and Commission ECFI 21-Sep-2005
ECJ (Common Foreign and Security Policy) Common foreign and security policy – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – . .
See Also – Kadi v Council and Commission (Common Foreign and Security Policy) ECJ 16-Jan-2008
ECJ Common foreign and security policy (CFSP) – Restrictive measures taken against persons and entities associated with Usama bin Laden, the Al-Qaeda network and the Taliban – United Nations Security Council . .
Cited – Youssef v Secretary of State for Foreign and Commonwealth Affairs SC 27-Jan-2016
An Egyptian national, had lived here since 1994. He challenged a decision by the Secretary of State,as a member of the committee of the United Nations Security Council, known as the Resolution 1267 Committee or Sanctions Committee. The committee . .
Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.605178
ECJ Stability mechanism for the Member States whose currency is the euro – Decision 2011/199/EU – Amendment of Article 136 TFEU – Validity – Article 48(6) TEU – Simplified revision procedure – ESM Treaty – Economic and monetary policy – Competence of the Member States
V Skouris, P
C-370/12, [2012] EUECJ C-370/12, [2012] WLR(D) 350
European
Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.466399
The court considered a case involving the selling of payment protection policies by lenders. The defendants said that since the bank had required them to take out the policy, its cost should have been included in the total charge for credit. Since it had not been, the agreement was irredemably unenforceable.
Held: The insurance had not been a condition of the loan, but it had been recommended. Accordingly the claim by the lenders stood.
Waksman QC J
[2010] EWHC 1866 (QB)
Consumer Credit Act (Agreements) Regulations 1983, Consumer Credit Act 1974 9 60, Consumer Credit (Total Charge for Credit Regulations) 1980 3
England and Wales
Cited – Barnes and Another v Black Horse Ltd QBD 31-May-2011
The claimants sought repayment by the bank of sums paid to them for Payment Protection Insurance policies sold to them in connection with loans made by the bank. The Bank now resisted an application for leave to amend the particulars of the . .
Lists of cited by and citing cases may be incomplete.
Updated: 17 July 2022; Ref: scu.421252
(Birmingham County Court) Action for recovery of bank charges.
Cooke J
[2007] EW Misc 1
England and Wales
Updated: 17 July 2022; Ref: scu.406754
Floyd J
[2008] EWHC 1594 (Ch)
England and Wales
Updated: 17 July 2022; Ref: scu.270629
Appeal against finding of liability under personal guarantee.
Waller LJ, Laws LJ, Lawrence Collins LJ
[2008] EWCA Civ 786
England and Wales
Updated: 17 July 2022; Ref: scu.270579
(Supreme Court of Ireland) The court discussed a bank’s obligation to process cheques issued by its customers: ‘a banker should pay his customers’ cheques in the order in which they are presented, subject to the interest of the customer being taken into account’.
Griffin J
[1976] IR 118
Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
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 . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.267119
The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume operation of the mandate.
Held: The request for judicial review was refused.
Lloyd Jones J
[2007] EWHC 1098 (Admin)
Proceeds of Crime Act 2002 328
England and Wales
Appeal from – UMBS Online Ltd, Regina (on the Application Of) v Serious Organised Crime Agency and Another CA 2-May-2007
The bank had reported to the respondent its suspicions about funds it held for the claimant. The accounts were frozen, and the customer now sought a judicial review of the refusal of the Agency to reconsider its decision.
Held: The review was . .
Appeal from – UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency CA 21-Mar-2007
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. . .
Lists of cited by and citing cases may be incomplete.
Updated: 14 July 2022; Ref: scu.253652
The claimant sought repayment of sums drawn from their bank account, saying the cheque signatures had been forged. During long winded serial proceedings the claimant complained that the defendant had instructed to act for them a firm of solicitors who had acted for the claimant at an earlier stage.
Held: No conflict of interest had been shown, and a second set of proceedings amounted to an abuse and were out of time.
Calvert-Smith J
[2006] EWHC 817 (QB)
England and Wales
Updated: 14 July 2022; Ref: scu.240424
[2001] EWCA Civ 2041
England and Wales
Updated: 14 July 2022; Ref: scu.218580
[2002] EWCA Civ 823
England and Wales
Updated: 14 July 2022; Ref: scu.217126
[2019] EWHC 1601 (Ch)
England and Wales
Updated: 14 July 2022; Ref: scu.639294
Bank – Partnership – Deposit – Receipt – Dissolution of Firm – Payment by Bank to Partner of Dissolved Firm on Signature by him of Firm-Name – Partnership Act 1890 (53 and 54 Vict. cap. 39), sec. 38.
Lord Chancellor (Finlay), Lord Dunedin, Lord Shaw, Lord Parker, and Lord Wrenbury
[1917] UKHL 449, 54 SLR 449
Scotland
Updated: 14 July 2022; Ref: scu.631005
A cautioner, having had to pay the sum guaranteed owing to the bankruptcy of the principal debtor and two co-cautioners, brought an action of damages against the bank of the co cautioners, on the ground of false and fraudulent representations as to their financial stability made by the bank’s local agent in letters written in answer to inquiries made on his behalf. The Lord Ordinary, and the Superior Courts found no ground to disagree, found that the bank agent had not acted dishonestly.
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Held ( aff. decision of the Second Division) that there being no special duty due toward the pursuer the defenders fell to be assoilzied.
Earl Loreburn, Viscount Haldane, Lord Kinnear, and Lord Atkinson
[1916] UKHL 390, 53 SLR 390
Scotland
Updated: 14 July 2022; Ref: scu.630681
Zacaroli
[2018] EWHC 2868 (Ch)
Financial Services and Markets Act 2000
England and Wales
Updated: 14 July 2022; Ref: scu.628927
ECJ Judgment – Reference for a preliminary ruling – Economic and monetary policy – Decisions of the Governing Council of the European Central Bank (ECB) on a number of technical features regarding the Eurosystem’s outright monetary transactions in secondary sovereign bond markets – Articles 119 TFEU and 127 TFEU – Powers conferred on the ECB and the European System of Central Banks – Monetary policy transmission mechanism – Maintenance of price stability – Proportionality – Article 123 TFEU – Prohibition of monetary financing of Member States in the euro area
C-62/14, [2015] EUECJ C-62/14, ECLI:EU:C:2015:400
European
Cited – Wightman and Others v Secretary of State for Exiting the European Union ECJ 10-Dec-2018
Art 50 Notice withrawable unilaterally
Reference for a preliminary ruling – Article 50 TEU – Notification by a Member State of its intention to withdraw from the European Union – Consequences of the notification – Right of unilateral revocation of the notification – Conditions
The . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.549055
[2006] EWHC 3774
England and Wales
Updated: 13 July 2022; Ref: scu.408694
Rix LJ considered the restraints operating a party to a contract in exercising any discretion gien under it, preferring the use of the term ‘irrationality’ to ‘unreasonableness’: ‘It is plain from these authorities that a decision-maker’s discretion will be limited, as a matter of necessary implication, by concepts of honesty, good faith, and genuineness, and the need for the absence of arbitrariness, capriciousness, perversity and irrationality. The concern is that the discretion should not be abused. Reasonableness and unreasonableness are also concepts deployed in this context, but only in a sense analogous to Wednesbury unreasonableness, not in the sense in which that expression is used when speaking of the duty to take reasonable care, or when otherwise deploying entirely objective criteria: as for instance when there might be an implication of a term requiring the fixing of a reasonable price, or a reasonable time. In the latter class of case, the concept of reasonableness is intended to be entirely mutual and thus guided by objective criteria . . Laws LJ in the course of argument put the matter accurately, if I may respectfully agree, when he said that pursuant to the Wednesbury rationality test, the decision remains that of the decision-maker, whereas on entirely objective criteria of reasonableness the decision-maker becomes the court itself.’
Rix LJ, Laws LJ, Lloyd LJ
[2008] EWCA Civ 116, [2008] Bus LR 1304
England and Wales
Appeal from – Socimer International Bank Ltd v Standard Bank London Ltd ComC 17-Nov-2006
. .
Cited – CVG Siderurgicia del Orinoco SA v London Steamship Owners’ Mutual Insurance Association Limited ‘The Vainqueur Jose’ 1979
The plaintiff sought to claim under the rules of the P and I club of which it was a member. After defining the risks in respect of which members were to be indemnified, the rules made the following proviso in Rule 8(k): ‘A member shall at the . .
Cited – Abu Dhabi National Tanker Co v Product Star Shipping Ltd (No 2) CA 1993
Where parties enter into a contract which confers a discretion on one of them, the discretion must be exercised honestly and in good faith, and not ‘arbitrarily, capriciously or unreasonably’. The owner had acted unreasonably in that there was no . .
Cited – Ludgate Insurance Company Limited v Citibank NA CA 26-Jan-1998
Brooke LJ said that the circumstances in which the court will interfere with the exercise by a party to a contract of a contractual discretion given to it by another party are extremely limited. The courts will not intervene where the discretion is . .
Cited – Gan Insurance Co Ltd v Tai Ping Insurance Co Ltd CA 3-Jul-2001
A reinsurance contract which contained a clause which provided that no settlement or compromise of a claim could be made or liability admitted by the insured without the prior approval of the reinsurers. The court considered how the discretion to . .
Cited – Paragon Finance plc v Nash etc CA 15-Oct-2001
The court was asked to consider whether there was any implied term limiting the power of a mortgagee to set interest rates under a variable rate mortgage.
Held: A loan arrangement which allowed a lender to vary the implied rate of interest, . .
Cited – Office of Fair Trading v Abbey National Plc and seven Others ComC 24-Apr-2008
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 . .
Cited – Hayes v Willoughby SC 20-Mar-2013
The claimant and appellant had been employer and employee who had fallen out, with a settlement in 2005. The appellant then began an unpleasant and obsessive personal vendetta against Mr Hayes, complaining to public bodies with allegations of tax . .
Cited – Braganza v BP Shipping Ltd SC 18-Mar-2015
The claimant’s husband had been lost from the defendant’s ship at sea. The defendant had contracted to pay compensation unless the loss was by suicide. They so determined. The court was now asked whether that was a permissible conclusion in the . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.265925
Ward, Patten, Black LJJ
[2011] EWCA Civ 192
England and Wales
Updated: 13 July 2022; Ref: scu.430239
The administrator sought declarations as to whether to treat the bank as a secured or unsecured creditor.
Held: The court directed the Administrator to recognise the Bank as a secured creditor, as if the Deed of Release had never been executed.
[2008] EWHC 2242 (Ch)
England and Wales
Cited – Lady Hood of Avalon v Mackinnon 1909
Lady Hood made an appointment in favour of her elder daughter, in order to place her in the same position as her younger daughter to whom she had already made large appointments. But in doing so she (and her solicitor) had forgotten that she had, . .
Approved – Ogden and Another v Trustees of the RHS Griffiths 2003 Settlement and others; In Re Griffiths deceased ChD 25-Jan-2008
A life-time transfer which had been made under a mistake as to the donor’s chances of surviving long enough for the transfer to be exempt from Inheritance Tax was set aside. Unbeknown to the donor, he had lung cancer at the time.
Held: Lewison . .
Cited – Allnutt and Another v Wilding and others; Re Strain (deceased) CA 3-Apr-2007
The trustees of a discretionary settlement requested its rectification on the basis that the now deceased settlor’s solicitor had mistakenly not appreciated the need to confer interests in possession on the beneficiaries, with the consequence that . .
Cited – Gibbon v Mitchell ChD 1990
G executed a deed surrendering his life interest in a trust fund in order to vest the property in his two children: the deed did not have that effect because of two errors (one of which was ignoring the fact that his life interest was subject to . .
Cited – Deutsche Morgan Grenfell Group Plc v Inland Revenue and Another HL 25-Oct-2006
The tax payer had overpaid Advance Corporation Tax under an error of law. It sought repayment. The revenue contended that the claim was time barred.
Held: The claim was in restitution, and the limitation period began to run from the date when . .
Cited – Kleinwort Benson Ltd v Lincoln City Council etc HL 29-Jul-1998
Right of Recovery of Money Paid under Mistake
Kleinwort Benson had made payments to a local authority under swap agreements which were thought to be legally enforceable when made. Subsequently, a decision of the House of Lords, (Hazell v. Hammersmith and Fulham) established that such swap . .
Lists of cited by and citing cases may be incomplete.
Updated: 13 July 2022; Ref: scu.276678
Misrepresentation to secure execution of mortgage.
[2006] EWCA Civ 374
England and Wales
Updated: 12 July 2022; Ref: scu.240136
Appeal from strike out of claim
[2002] EWCA Civ 777
England and Wales
Updated: 12 July 2022; Ref: scu.217181
[2006] EWHC 3769 (QB)
Consumer Credit Act 1974 142(1)
England and Wales
Updated: 12 July 2022; Ref: scu.347408
The bank had reported to the respondent its suspicions about funds it held for the claimant. The accounts were frozen, and the customer now sought a judicial review of the refusal of the Agency to reconsider its decision.
Held: The review was granted. The Agency had to acknowledge the great effect on commercial activities of its decisions, and strike a proper balance between undue interference with individual liberites, and the need constantly to fight crime. However the court could not require the bank to make further disclosure where this might prejudice an investigation. The Agency must keep matters under review and give the bank consent to operate the mandate when there was no longer a reason not to do so. Similarly, the Agency should look at the issue again when a request was received direct from the person affected. To suggest as the Agency did that it could act only on requests from the bank was absurd.
Ward LJ, Sedley LJ, Hooper Lj
[2007] EWCA Civ 406, Times 15-May-2007, [2007] Bus LR 1317
Proceeds of Crime Act 2002 335
England and Wales
Appeal from – Regina (ex parte UMBS Online Ltd) v Serious Organised Crime Agency Admn 2007
The customers bank accounts had been frozen at the request of the respondent agency after the bank had reported what it thought was suspicious activity to the Agency. It sought judicial review of the agency’s refusal to allow the bank to resume . .
See Also – UMBS Online, Regina (on the Application Of) v Serious Organised Crime Agency CA 21-Mar-2007
Application for leave to appeal against refusal of leave to bring judicial review of a decision of the respondent agency. Leave to appeal was granted, but the matter was returned to the administrative court for review. . .
Cited – Shah and Another v HSBC Private Bank (UK) Ltd CA 4-Feb-2010
Money laundering suspicion to be explained
The customer sought to sue his bank for failing to meet his cheque. The bank sought to rely on the 2002 Act, having reported suspicious activity on freezing the account. He now appealed against summary judgment given for the bank which had refused . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.251616
[2007] EWCA Civ 223
England and Wales
See Also – National Westminster Bank Plc v Kotonou and Another ChD 19-Jun-2006
. .
See Also – National Westminster Bank v Kotonou ChD 11-Dec-2009
. .
See Also – Kotonou v National Westminster Bank Plc ChD 5-Jul-2010
. .
See Also – Kotonou v National Westminster Bank Plc CA 30-Oct-2015
Appeal against summary dismissal of claim against the bank based on Henderson v Henderson.
Gloster LJ, commented on Buxton LJ’s observations in the Taylor Walton case: ‘Thus, in my view, what is required in the present case is ‘an intense focus . .
Lists of cited by and citing cases may be incomplete.
Updated: 10 July 2022; Ref: scu.250267
[2001] EWCA Civ 52
England and Wales
Updated: 10 July 2022; Ref: scu.200724
Appeal from summary judgment in favour of the bank on their counterclaim.
[2016] EWCA Civ 1379
England and Wales
Updated: 10 July 2022; Ref: scu.638252
(Mauritius)
Lord Hoffmann
Lord Scott of Foscote
Lord Walker of Gestingthorpe
Lord Mance
Lord Neuberger of Abbotsbury
[2008] UKPC 7
England and Wales
Updated: 09 July 2022; Ref: scu.266057
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of the original creditors to sue was invalid without such consent since the assignment which might justify it was itself invalid.
Held: The declaration of trust was not itself an equitable assignment so as to be caught by the prohibition on assignment without notice. The issue of who might be able to sue was procedural, and was not ‘a measure of substantive law which might affect the asset, the subject of the declaration of trust.’ The appeal was allowed.
Waller LJ, President, Rix LJ, Hooper LJ
[2007] EWCA Civ 148, [2007] 1 Lloyd’s Rep 495
England and Wales
Cited – Vandepitte v Preferred Accident Insurance Corp. of New York PC 1933
The plaintiff was injured in a motor accident. He failed in a direct claim against the insurers of the negligent defendant driver. The insurance was effected by the father (Mr Berry) of the negligent driver and provided that an indemnity would be . .
Cited – The Argo Fund Ltd v Essar Steel Ltd ComC 26-Jan-2004
. .
Cited – The Argo Fund Ltd v Essar Steel Ltd ComC 12-Apr-2005
. .
Cited – Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd and Others; St. Martins Property Corporation Ltd v Sir Robert McAlpine HL 8-Dec-1993
A contractor had done defective work in breach of a building contract with the developer but the loss was suffered by a third party who had by then purchased the development. The developer recovered the loss suffered by the purchaser.
Held: . .
Appeal from – Barbados Trust Company Ltd v Bank of Zambia and Another ComC 22-Feb-2006
. .
Cited – Don King Productions Inc v Warren and Others ChD 13-Apr-1998
Where partnership terms required benefit of all contracts to be assigned to the partnership, this included unassignable personal contracts which were to be held in trust for partnership, unless stated otherwise.
Lightman J said: ‘The existence . .
Cited – Target Holdings Ltd v Redferns (A Firm) and Another HL 21-Jul-1995
The defendant solicitors had acted for a purchaser, Crowngate, which had agreed to buy a property from a company called Mirage for andpound;775,000. Crowngate had arranged however that the property would first be passed through a chain of two . .
Cited – Saunders v Vautier 7-May-1841
A direction in a will stated that the income from certain shares was to be accumulated and invested until the beneficiary attained the age of 25. On attaining his majority at 21 years, the beneficiary sought termination of the trust, and transfer of . .
Cited – Ambler v Bolton CA 1872
An inalienable government contract held by one of the partners constituted a partnership asset. On the dissolution of the partnership, a value had to be given to it (since it could not be sold) and the partner who held it debited with that amount in . .
Cited – Re Turcan CA 1888
A man effected an insurance policy which contained a term that it should not be assignable in any case whatever. He had previously covenanted with trustees to settle after-acquired property.
Held: The court will seek to protect the interests . .
Cited – R W Pathirana v A Pathirana PC 1967
Section 29 requires a partner to account to the partnership for any private benefit which he derives at the expense of the partnership, and this duty subsists after the dissolution of the partnership until the winding up is completed. An inalienable . .
Cited – In Re Brockbank 1948
A new trustee was to be appointed. The beneficiaries, all of full age and capacity wanted the remaining trustee to appoint someone they nominated. The trustee purported to exercise the discretion given to him in the trust deed and appointed someone . .
Cited – Explora Group Plc v Hesco Bastion Ltd and Another CA 20-Jul-2005
. .
Cited – Target Holdings Ltd v Redferns (A Firm) and Another HL 21-Jul-1995
The defendant solicitors had acted for a purchaser, Crowngate, which had agreed to buy a property from a company called Mirage for andpound;775,000. Crowngate had arranged however that the property would first be passed through a chain of two . .
Cited – Don King Productions Inc v Warren; Roberts; Centurion Promotions Limited (Formerly Sports Network Limited); Sports Network Usa, Inc; Time Warner Entertainment Company, Lp and Sport International, Inc CA 19-Nov-1998
Contracts between the members of a firm and third parties, and which were subject to the partnership contract, but which were expressed to be personal and incapable of assignment, were still held on trust for the partnership, and renewals made . .
Cited – Ellis v Torrington CA 1920
An assignment of the benefit of a covenant in a lease held to be sufficiently connected with enjoyment of the property as not to be a bare right of action. The assignment was not void.
Scrutton LJ stated that the assignee of a cause of action . .
Cited – Essar Steel Ltd v The Argo Fund Ltd CA 14-Mar-2006
The parties disputed the effect of provisions of an unsecured syndicated loan in standard 1997 Loan Market Association form. . .
Cited – Tom Shaw and Co v Moss Empires Ltd 1908
An actor, was engaged by Moss Empires under a contract which prohibited the assignment of his salary. He assigned 10 per cent of the salary to his agent, Tom Shaw. Tom Shaw sued Moss Empires for 10 per cent of the salary joining the actor as second . .
Cited – Harmer v Armstrong CA 1934
The court considered the position where the assignor of a contract was required to attend court as a party when the assignee sought to enforce the debt.
Held: A beneficiary under a bare trust could bring proceedings in his own name and, where . .
Cited – Performing Right Society Limited v London Theatre of Varieties Limited HL 1924
The parties, the plaintiff who was the equitable assignee of performing rights and the infringing defendant, joined specific issue on the absence of the legal owner of the rights.
Held: His absence was critical. PRS failed to obtain a . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 July 2022; Ref: scu.249235
Lewison J
[2007] EWHC 2255 (Ch)
England and Wales
Updated: 09 July 2022; Ref: scu.259800
Non-payment of bills of exchange – construction of settlement agreement. It was said that the compromise agreement ws unenforceable as being against public policy in restraining one party.
Held: The restraint ‘does not affect the course of legal proceedings, let alone criminal proceedings. The contrast has to be made between the purported compromise of a public offence and settlement of a private damage suit.’ The agreement was valid.
David Steel J
[2007] EWHC 293 (Comm)
Cited – Howard v Odhams Press CA 1935
The plaintiff claimed damages arising out of disclosure to his union of fraudulent activities in the defendant’s competition department of which he had been a member, such disclosure being contrary to an agreement between the claimant and his . .
Cited – Egerton v Earl of Brownlow HL 1853
The House considered a challenge to the terms of a trust on the basis that it offended public policy. The House therefore considered the nature and importance of public policy.
Held: Public policy ‘has been confounded with what may be called . .
Cited – Lound v Grimwade ChD 1886
The plaintiff tried to set aside a bond, saying that he had executed it under duress in the form of the threat of criminal proceedings.
Held: The bond had not been executed under pressure at law. However the consideration for it included a . .
Cited – Keir v Leeman 1846
Tyndal CJ said: ‘Indeed it is very remarkable what very little authority there is to be found . . for the principle that any compromise of a misdemeanour or indeed of any public offence can be otherwise than illegal and any promise founded on such a . .
Cited – Fulham Football Club Ltd v Cabra Estates plc CA 1994
Fulham, as lessees of Craven Cottage, agreed with CABRA, a developer, who had applied for planning permission to redevelop the ground, shortly before a public inquiry which had been set up to consider the planning application; and also a proposal by . .
See Also – Compagnie Noga D’Importation Et D’Exportation Sa v Australia and New Zealand Banking Group Ltd and others ComC 18-Nov-2004
Langley J held a ‘nominal claimant’ to be ‘one whose name is used to bring a claim in which he does not have any or at least any significant legal or beneficial interest’. . .
See Also – Compagnie Noga D’Importation Et D’Exportation Sa and Another v Australian and New Zealand Banking Group and others ComC 24-Mar-2006
. .
See Also – Compagnie Noga D’Importation Et D’Exportation Sa v Australia and New Zealand Banking Group Ltd ComC 26-Jan-2007
. .
See Also – Compagnie Noga D’Importation et D’Exportation Sa v Australia and New Zealand Banking Group Ltd. and others CA 31-Jul-2002
If the court wishes to enable a party to appeal against a particular finding contained in the judgment, it may make a declaration embodying that finding. . .
Cited – Office of Communications and Another v Floe Telecom Ltd CA 10-Feb-2009
The court was asked to accept an appeal against not the order made by the tribunal, but the terms of the reasoned judgment.
Held: The appeal was allowed. The Tribunal had made findings which were unnecessary to its judgment, and which were . .
Lists of cited by and citing cases may be incomplete.
Updated: 09 July 2022; Ref: scu.248950
The court was asked to answer some preliminary questions in the proposed restructuring of the debt of Eurotunnel.
Mann J
[2006] EWHC 3215 (Ch)
England and Wales
Updated: 08 July 2022; Ref: scu.247503
Appeal from refusal to set aside bank charges.
[2001] EWCA Civ 252
England and Wales
Updated: 08 July 2022; Ref: scu.200833
Application for permission to appeal.
Latham LJ, Sir Christopher Slade
[2001] EWCA Civ 40
England and Wales
Updated: 08 July 2022; Ref: scu.200720
[2019] EWHC 1328 (Ch)
England and Wales
Updated: 08 July 2022; Ref: scu.638264
The claimant company said that the bank had allowed money to be removed from its account without authority. Originally it said the second defendant, its former director had authrised the payments. On the second defendant denying this, the company withdrew its claim against him, and the bank started its own third party claim against him. The transactions had been undertaken on oral authorites given by telephone. Records showed that no telephone calls had been made on the relevant days, but an admitted call was not shown either.
Held: The evidence established that the second defendant knew more than he admitted. On the evidence the plaintiff’s claimagainst the bank failed.
Peter Smith J
[2007] EWHC 2379 (Ch)
England and Wales
Cited – Rama Corporation Limited v Proved Tin and General Investment Limited QBD 1952
The court considered the doctrine of ostensible authority as regards the actions of a single director of a company, identifying three essential elements. . .
Cited – Morrell and Another v Workers Savings and Loan Bank (Jamaica) PC 18-Jan-2007
. .
Cited – HJ Symons v Barclays Bank Admn 2003
. .
Cited – Rhesa Shipping Co SA v Edmonds (The Popi M) HL 16-May-1985
The Popi M sank in calm seas and fair weather as a result of a large and sudden entry of water into her engine room through her shell plating. The vessel’s owners claimed against her hull and machinery underwriters, contending that the loss was . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.259921
[2006] EWHC 3063 (Ch)
England and Wales
Updated: 08 July 2022; Ref: scu.246810
Aikens J
[2006] EWHC 2755 (Comm)
England and Wales
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation ComC 14-Mar-2005
The defendants had invested money through the claimants, but had suffered severe losses. The claimants sought a declaration that they had no liability for such losses. The defendants counterclaimed that the claimants were liable in negligence, . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 20-Dec-2005
The defendants appealed against an order striking out four paragraphs of its defence and counterclaim. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation CA 2-Mar-2006
The parties disputed the attempt to strike out part of the defendant’s claim relating to shipping losses. . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation Comc 27-May-2008
The company alleged negligence by its financial advisers.
Held: Gloster J said that the absence of a written advisory agreement is a strong pointer against the existence of a free-standing duty of care to give investment advice.
Gloster . .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corporation and others ComC 25-Jul-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 21-Nov-2008
. .
See Also – JP Morgan Chase Bank and others v Springwell Navigation Corp ComC 20-Feb-2009
The court heard an application for leave to appeal against orders. . .
See Also – Springwell Navigation Corporation v JP Morgan Chase Bank and Others CA 1-Nov-2010
The court was asked as to whether representations has been made.
Held: Aikens LJ referred to a provision stating ‘no representation or warranty, express or implied, is or will be made . . in or in relation to such documents or information’, . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.246733
[2006] EWHC 2896 (Comm)
Appeal from – Socimer International Bank Ltd v Standard Bank London Ltd CA 22-Feb-2008
Rix LJ considered the restraints operating a party to a contract in exercising any discretion gien under it, preferring the use of the term ‘irrationality’ to ‘unreasonableness’: ‘It is plain from these authorities that a decision-maker’s discretion . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.246735
[2006] EWHC 2983 (Ch)
England and Wales
Updated: 08 July 2022; Ref: scu.246706
The appellants were victims of a fraud conducted via the respondent bank by one of their clients. They appealed from a decision that the bank was not liable to the victims either in the equitable tort of knowing or dishonest assistance in a breach of trust, or in restitution for money had and received.
Arden LJ said: ‘before this court or the High Court decides to follow a decision of the Privy Council in place of a decision of the House of Lords the circumstances must be quite exceptional and the court must be satisfied that in practice the result would be a foregone conclusion.’
Pill LJ, Rix LJ, Arden LJ
[2006] EWCA Civ 1492, [2007] WTLR 1, [2007] Bus LR 220, [2007] 1 All ER (Comm) 827, [2007] 1 Lloyd’s Rep 115
England and Wales
Cited – Ivey v Genting Casinos (UK) Ltd (T/A Crockfords) SC 25-Oct-2017
The claimant gambler sought payment of his winnings. The casino said that he had operated a system called edge-sorting to achieve the winnings, and that this was a form of cheating so as to excuse their payment. The system exploited tiny variances . .
Cited – Willers v Gubay ChD 15-May-2015
The court was asked whether the tort of malicious prosecution of civil proceedings is known to English law.
Held: The Crawfod Adjusters case should not be followed: ‘If I am not bound by Gregory, then I see no reason for departing from the . .
Lists of cited by and citing cases may be incomplete.
Updated: 08 July 2022; Ref: scu.245913
Appeal from judgment on bank’s claim under guarantee.
Field J
[2009] EWHC 1391 (QB)
England and Wales
Updated: 06 July 2022; Ref: scu.347377
Jack J
[2006] EWHC 930 (QB)
England and Wales
Updated: 06 July 2022; Ref: scu.241663
The Chancellor of the High Court
[2006] EWHC 830 (Ch)
England and Wales
Updated: 05 July 2022; Ref: scu.240369
(Bahamas)
[2006] UKPC 11
Commonwealth
Updated: 05 July 2022; Ref: scu.239587
The parties disputed the effect of provisions of an unsecured syndicated loan in standard 1997 Loan Market Association form.
Auld LJ, Rix LJ, Hallett LJ
[2006] EWCA Civ 241, [2006] 2 Lloyd’s Rep 134
England and Wales
See Also – The Argo Fund Ltd v Essar Steel Ltd ComC 26-Jan-2004
. .
Appeal from – The Argo Fund Ltd v Essar Steel Ltd ComC 12-Apr-2005
. .
Cited – Barbados Trust Company Ltd v Bank of Zambia and Another CA 27-Feb-2007
The creditor had assigned the debt, but without first giving the debtor defendant the necessary notice. A challenge was made to the ability of the assignee to bring the action, saying that the deed of trust appointed to circumvent the reluctance of . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 July 2022; Ref: scu.239110
Application sought to apply from consent order after part performance.
[2005] EWCA Civ 1710
England and Wales
Updated: 05 July 2022; Ref: scu.238629
ECJ (State Aid) Actions for annulment – State aid – Decision 2002/581 / EC – Tax benefits granted to banks – Reason for decision – State-aid qualification – Conditions – Compatibility with the common market – Conditions – Important project of common European interest – Development of certain activities
[2005] ECR I-10901, [2005] EUECJ C-66/02
European
Updated: 04 July 2022; Ref: scu.236409
Chadwick LJ
[2002] EWCA Civ 1556
England and Wales
Updated: 04 July 2022; Ref: scu.217653
Appeal from refusal of extension of time to serve particulars of claim and strike out.
Lord Justice Jonathan Parker Lord Justice Thorpe
[2003] EWCA Civ 1755
England and Wales
Appeal from – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc ChD 16-Apr-2003
. .
Cited – William Stirling The Younger v Maitland And Boyd 1864
Cockburn CJ stated: ‘I look on the law to be that, if a party enters into an agreement which can only take effect by the continuance of a certain existing state of circumstances, there is an implied engagement on his part that he shall do nothing of . .
Appealed to – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc ChD 16-Apr-2003
. .
See Also – Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc CA 28-Jun-2004
. .
Lists of cited by and citing cases may be incomplete.
Updated: 04 July 2022; Ref: scu.188685
The drawer and the acceptor of a bill of exchange both fell bankrupt, the acceptor holding certain goods of the drawer in security of his acceptance. Held (aff. judgment of the Court of Session) that by the laws and practice of Scotland the holder of the bill must rank for the full amount of the bill on both estates to the effect of obtaining payment in full, but that the acceptor’s trustee was entitled to indemnity out of the proceeds of the goods, which had in the meantime been sold, for all payments made by him to the billholder.
Lord Chancellor Selborne, Lords Blackburn and Watson
[1882] UKHL 803, 19 SLR 803
Scotland
Updated: 04 July 2022; Ref: scu.637746
Trust – Resignation by Trustee after Commencement of Liquidation Proceedings – Right to have Name Removed from Register.
The City of Glasgow Bank stopped payment on 2d October, and no business was transacted thereafter. On 5th October notice was given to shareholders that at a meeting to be held on the 22d a resolution would be brought forward to have the bank would up by reason of its insolvency. A trustee resigned his office by minute of resignation dated 16th October, and entered the resignation in the sederunt book of the trust. The minute was signed by all the other trustees and by the beneficiaries. A certified copy of it was delivered next day to the secretary of the bank, with a request to remove the party’s name from the register of members, or to make a note of the resignation upon the stock ledger, as was the bank’s custom in such cases. . The directors declined to do either.
In a petition brought for removal of the name from the bank’s register- held ( affirming the judgment of the Court of Session) that the directors of the bank were entitled to decline to make any change upon the register after the issue of the notice of 5th October.
Opinion per the Lord Chancellor (Cairns) that the power given to the directors of a joint-stock company to transfer shares was a power which was not intended to be in operation for the purpose of enabling individuals to escape from liability when the company has ceased to be a going concern, and when the general clauses of the deed of copartnership are no longer capable of being acted on.
Observed per Lord Penzance that the principle which obtains in all systems of bankruptcy – that the act of closing the trader’s doors and suspending his business is the dividing period of time after which the rights of creditors ought not to be compromised by any transaction of the bankrupts – is alike applicable to the case of a joint-stock company incorporated under the Companies Act.
Lord Chancellor (Cairns), Lord Hatherley, Lord Penzance, Lord O’Hagan, Lord Selborne, Lord Blackburn, and Lord Gordon
[1879] UKHL 503, 16 SLR 503
Scotland
Updated: 04 July 2022; Ref: scu.637957
Right in Security – Absolute Disposition with Back-Letter – Assignation by Debtor of Right to Reconveyance, intimated to Creditor – Retention.
A, in security of advances by the National Bank, disponed to that bank, by disposition ex facie absolute, duly recorded, certain heritable property belonging to her. By separate back-letter, never recorded, it was agreed that the National Bank should hold the disposition ‘in security and till payment of all sums now due, or which may hereafter become due,’ by A’s firm and by A, and that on payment of all such sums the subjects should be reconveyed to A. Thereafter A, in security of advances by the Union Bank, assigned to the Union Bank her whole right in the heritable property under the right of reversion which arose out of the transaction with the National Bank. This assignation was intimated to the National Bank. After the intimation the National Bank continued as before to make advances to A, who eventually executed a trust for creditors, being largely indebted to both banks. The subjects were not sufficient to pay both. Held ( reversing judgment of majority of whole Judges of Court of Session) that as the transaction was one of security only, the preference of the National Bank did not extend to its whole advances before and after the intimation of the assignation and down to the granting of the trust-deed, but was limited to the amount due to it at the date of the intimation of the assignation.
Lord Chancellor Halsbury, Lord Blackburn, and Lord Watson
[1886] UKHL 227, 24 SLR 227
Scotland
Updated: 04 July 2022; Ref: scu.637739