The claimant sought repayment of substantial sums received by the bank under its account. The bank replied that the customer had been acting in breach of its agreement in aggregating payments for goods other than the services it had itself supplied, namely the sale of pharmaceuticals, and adult material on-line.
Held: The agreement provided that for such a breach, the bank was free to operate a chargeback for the sums claimed. The sums had not been received for services provided by the claimant, and did not fall within any requirement to pay such a sum to the claimant.
Judges:
Sir Andrew Morritt Chancellor, Rimer LJ, Goldring LJ
Citations:
[2009] EWCA Civ 752
Links:
Jurisdiction:
England and Wales
Banking
Updated: 30 July 2022; Ref: scu.361453