swarb.co.uk - law index
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Banking - From: 1997 To: 1997
This page lists 47 cases, and was prepared on 03 April 2018.
In re Bank of Credit and Commerce International SA (No 8); HL 1997 - [1998] AC 214; [1997] 4 All ER 568
Governor and Company of Bank of Scotland v Bennett and Another [1997] 1 FLR 801
1997
ChD
Munby QC
Banking
Mrs Bennett defended the bank's claim for possession of the matrimonial home charged to the bank to secure her husband's borrowings. She said that her signature, both to the guarantee and to the legal charge, had been procured by her husband's undue influence and that, in the circumstances, the bank must be taken to have had constructive notice of that impropriety. Held: The court found in Mrs Bennett's favour on the undue influence issue: "In my judgment the pressure and influence which, as I have found, Mr Bennett exerted on his wife both to procure her signature to the guarantee and to procure her signature to the charge was undue. This is a case in which, in my judgment, there was moral blackmail amounting to coercion and victimisation. Mrs Bennett was not, it seems to me, acting as a free and voluntary agent". Both the guarantee and the legal charge were manifestly disadvantageous to Mrs Bennett and that the relationship between her and her husband was one of sufficient trust and confidence to raise a presumption of undue influence in relation to both transactions. The presumption had not been rebutted. On the facts of the case, the bank had been put on enquiry as to the circumstances in which Mrs Bennett had agreed to sign the guarantee and the legal charge and had failed to take reasonable steps "to satisfy itself that Mrs Bennett's agreement . . . was properly obtained." As to the bank's position having instructed solicitors: "A bank is in no worse position merely because, to its knowledge, the solicitor is acting both for the prospective surety and for the debtor." and "Unless a bank is put on notice by other matters within its knowledge that the solicitors have not performed their duty to give independent advice to the surety it is as much entitled [where the solicitor is acting also for the creditor] as in any other case to assume that the solicitors have been acting properly."
1 Cites
1 Citers
Skipsredittforeningen v Emperor Navigation SA [1997] 2 BCLC 398; [1998] 1 Lloyd's Rep 66
1997
Mance J
Banking, Consumer
The claimant sought summary judgement for sums due under a loan agreement that provided, inter alia: "All payments to be made by or on behalf of the Borrowers pursuant to this Agreement . . shall be made without (a) set-off". The defendant submitted that this clause was unreasonable under UCTA. Held. Mance J rejected this submission holding that the clause was fair and reasonable. In his view "[s]uch a clause in a loan facility like the present is generally familiar, sensible and understandable".
Unfair Terms in Consumer Contracts Regulations 1999 4(1)
1 Citers
Sharp v Thomson 1997 SC (HL) 66; [1997] UKHL 60; [1998] BCC 115; 1997 SC (HL) 66; 1997 SCLR 328; 1997 GWD 9-364; [1997] 1 BCLC 603; 1997 SLT 636
1997
HL
Lord Jauncey, Lord Clyde
Land, Banking
A floating charge was given over the whole of a company's property which might from time to time be "comprised in our property and undertaking". The charge terms echoed the section which allows a company to create a charge "over all or any part of the property . . which may from time to time be comprised in its property and undertaking." The company had sold a flat, which was part of its property, and had delivered the relevant disposition to the purchaser. Before the purchaser's agents recorded the disposition, however, the floating charge crystallised. The question was whether, at the time of crystallisation, the company's rights to the flat still formed part of "our property and undertaking" in terms of the charge and, by implication, in terms of the section. The Court of Session had held that the rights were caught by the floating charge. Held: The purchasers' appeal was allowed on the basis that the term "property" in the section was not being used in any technical sense and was not intended to include the company's bare title to the flat which the purchasers could have defeated at any moment by recording their disposition.
Companies Act 1985 462(1)
1 Cites
1 Citers
[ Bailii ]
Meridien BIAO v Bank of New York [1997] 1 Lloyd's Law Rep 437
1997
Banking
1 Citers
Bank of Baroda v Pramodbai Manganbhai Patel Kanak Vallabhbhai Kiran Rambhai Patel Ranji Govindbhai Patel [1997] EWCA Civ 913
4 Feb 1997
CA
Banking
[ Bailii ]
Esso Petroleum Company Ltd v Milton Times, 13 February 1997; [1997] EWCA Civ 927
5 Feb 1997
CA
Banking
A direct debit arrangement is tantamount to a payment by cash and so precludes the use of the defence of set-off for non-payment.
1 Citers
[ Bailii ]
Smith v Governor and Company of The Bank of Scotland; HL 6-Feb-1997 - Times, 23 June 1997; [1997] 2 FLR 862; 1997 SC (HL) 111; [1997] UKHL 26
Ermis Skai Radio and Television v Banque Indosuez SA and Another Unreported, 24 February 1997
24 Feb 1997
ComC
Thomas J
Banking
ComC Banking - bond - demand - honest belief in sums due - no implied term - locus standi of non-party to interfere with performance - non-fulfilment of condition precedent - proper demand - statement materially adding/qualifying requirements - invalid demand
Mohammed Naheem v National Westminster Bank Plc [1997] EWCA Civ 1164
5 Mar 1997
CA
Banking, Contract
[ Bailii ]
Bank of India v Chandrakant Purshottam Patel and Urmila Chandrakant Patel [1997] EWCA Civ 1215
12 Mar 1997
CA
Banking, Undue Influence
[ Bailii ]
John Malcolm Liddle v Barclays Bank Plc [1997] EWCA Civ 1265
17 Mar 1997
CA
Banking
[ Bailii ]
Humberclyde Finance Group Ltd v Mirza and Mirza [1997] EWCA Civ 1273
19 Mar 1997
CA
Banking
[ Bailii ]
Ropaigealach and Another v Cheltenham and Gloucester Building Society; CA 20-Mar-1997 - [1997] EWCA Civ 1296
National Bank of Abu Dhabi v Mohamed and others [1997] EWCA Civ 1305
21 Mar 1997
CA
Banking, Undue Influence
[ Bailii ]
Grosvenor Clubs Limited v Rashed [1997] EWCA Civ 1326
25 Mar 1997
CA
Contract, Banking
Bills of Exchange Act 1882 46(2)
[ Bailii ]
AIB Finance Ltd v Debtors Times, 10 April 1997; [1997] 2 BCLC 354
10 Apr 1997
ChD
Carnwath J
Insolvency, Banking
A Statutory Demand is only finally decided after the failure of a set aside application.
Rules of the Supreme Court O59R10(2)
1 Citers
National Westminster Bank Plc v Martin Edward Beaton and Jacqueline L H S R Beaton [1997] EWCA Civ 1391
14 Apr 1997
CA
Banking
[ Bailii ]
Barclays Bank Plc v Victor John Boulter Julie Boulter Times, 25 April 1997; [1997] EWCA Civ 1481
23 Apr 1997
CA
Banking
Onus on bank to disprove constructive notice of spouse's challenge on possession.
1 Citers
[ Bailii ]
Abbey National Mortgages Plc (Formerly CIBC Mortgages Plc) v David Mark Tomlinson, Lesley Karen King [1997] EWCA Civ 1561
30 Apr 1997
CA
Banking
[ Bailii ]
London Clubs Limited v Youssefzadeh [1997] EWCA Civ 1571
30 Apr 1997
CA
Banking
Dishonoured cheques.
[ Bailii ]
Bank of Credit and Commerce Hong Kong Limited v Chairod Mahadumrongkul and others [1997] UKPC 20
8 May 1997
PC
Lord Goff of Chieveley Lord Slynn of Hadley Lord Lloyd of Berwick Lord Nicholls of Birkenhead Lord Hoffmann
Banking, Insolvency
(Hong Kong) The Board looked at the effect of the insolvency of Bank of Credit and Commerce Hong Kong Limited on an arrangement by which the bank lent money to four companies upon the terms of a standard facility letter addressed by the bank to the companies on the security of deposits made with the bank by the companies' principal shareholders.
[ Bailii ]
Sardul Singh Gill v Bank of Baroda [1997] EWCA Civ 1653
8 May 1997
CA
Banking
[ Bailii ]
Royal Bank of Scotland v Appleyard [1997] EWCA Civ 1652
8 May 1997
CA
Land, Banking
[ Bailii ]
Bamber v Cooney [1997] EWCA Civ 1842
11 Jun 1997
CA
Contract, Banking
[ Bailii ]
Merrill Lynch Capital Services Inc v The Municipality of Piraeus and The Bank of Tokyo; Mitsubishi Bank Ltd and Others v The Municipality of Piraeus; ComC 18-Jun-1997 - [1997] 6 Bank LR 241; [1997] CLC 1214
Bank of Credit and Commerce International (Overseas) Ltd (In Liqidation) and Others v Price Waterhouse and Others, Abu Dhabi Etc; ChD 25-Jun-1997 - Times, 25 June 1997; [1997] 4 All ER 108
SCI Parodi v Banque de Bary C-222/95; [1997] EUECJ C-222/95
9 Jul 1997
ECJ
Mancini, P
European, Banking
ECJ Free movement of capital - Freedom to provide services - Credit institutions - Grant of a mortgage loan - Authorization requirement in the Member State in which the service is provided
[ Bailii ]
Tony Mekwin MTV (and Co) v National Westminster Bank Plc [1997] EWCA Civ 2074
9 Jul 1997
CA
Contract, Banking
The claimant sought damages after his mastercard was wrongly retained by a suspicious petrol station attendant acting upon the instructions of the defendant. Held: There was no liability. The claimant was understanadbly upset but he had suffered no loss, and the card itself was the property of the Bank.
[ Bailii ]
Royal Bank of Scotland Plc v Freddy Jacob Ezekiel and others [1997] EWCA Civ 2149
18 Jul 1997
CA
Land, Banking
1 Cites
1 Citers
Generale Bank Nederland Nv (Formerly Credit Lyonnais Bank Nederland Nv) v Export Credit Guarantee Department Times, 04 August 1997; Gazette, 10 September 1997; [1998] 1 Lloyd's Rep 19; [1997] EWCA Civ 2165
23 Jul 1997
CA
Stuart-Smith LJ, Hobhouse LJ
Employment, Torts - Other, Vicarious Liability, Banking
The bank claimed that it had been defrauded, and that since an employee of the defendant had taken part in the fraud the defendant was had vicarious liability for his participation even though they knew nothing of it. Held: Where A becomes liable to B as a joint tortfeasor with C in the tort of deceit practised by C on B on the basis that A and C have a common design to defraud B and A renders assistance to C pursuant to and in furtherance of the common design, does D, A's employer, become vicariously liable to B, simply because the act of assistance, which is not itself the deceit, is in the course of A's employment with D? An employer was not liable for the fraudulent acts of his employee during the employment but may be for purposes of fraud by third party.
Hobhouse LJ said: "Mere assistance, even knowing assistance, does not suffice to make the 'secondary' party liable as a joint tortfeasor with the primary party. What he does must go further. He must have conspired with the primary party or procured or induced his commission of the tort . . ; or he must have joined in the common design pursuant to which the tort was committed"
1 Cites
1 Citers
[ Bailii ]
Humberclyde Finance Group Limited v Mirza and Mirza [1997] EWCA Civ 2166
23 Jul 1997
CA
Banking
Application under guarantee.
[ Bailii ]
Ian Clark, Administrator of Cosslett (Contractors) Ltd (In Administration) v Mid Glamorgan County Council [1997] EWCA Civ 2229
29 Jul 1997
CA
Millett LJ
Banking, Insolvency
1 Cites
1 Citers
[ Bailii ]
Barclays Mercantile Finance Ltd v Michael Freeland; Alexander Fronda and Frank Fronda [1997] EWCA Civ 2236
30 Jul 1997
CA
Banking
[ Bailii ]
Regina v Banking Ombudsman ex parte Nassief; CA 31-Jul-1997 - [1997] EWCA Civ 2276
Scotlife Home Loans (No 2) Limited v Melinek and Melinek; CA 9-Sep-1997 - [1997] EWCA Civ 2335
Midland Bank Plc v Johnson and Johnson [1997] EWCA Civ 2356
19 Sep 1997
CA
Banking
Application for leave to appeal against judgment for bank debt.
[ Bailii ]
Three Rivers District Council and others v Bank of England [1997] EWCA Civ 2379
2 Oct 1997
CA
Hirst and Robert Walker LJJ
Banking, Torts - Other
Summary of joint judgment.
1 Cites
1 Citers
[ Bailii ]
Morris and others v Rayners Enterprises Incorporated and Another; HL 30-Oct-1997 - Gazette, 01 April 1998; Times, 13 November 1997; [1997] UKHL 44
Krediet Bank Antwerp v Midland Bank Plc; Karaganda Ltd v Midland Bank Plc and Another Times, 31 October 1997
31 Oct 1997
QBD
Banking
Ambiguous requirements in letter of credit resolved to give commercial effect to the documents and transaction.
Turkiye Is Bankasi As v Bank of China Times, 17 December 1997; [1997] EWCA Civ 2649
5 Nov 1997
CA
Banking
A bank which sought to avoid its apparent liability under a counter-guarantee can only do so if it can show clear notice of fraudulent behaviour.
[ Bailii ]
Woolwich Building Society v A Coleman and D J Coleman [1997] EWCA Civ 2663
6 Nov 1997
CA
Banking
[ Bailii ]
United Dominions Trust v Wilson and Another [1997] EWCA Civ 2697
11 Nov 1997
CA
Banking
[ Bailii ]
Payne v Smart; Considine (Joint Administrative Receivers of Mid Valley Investments) and Barclays Bank Plc [1997] EWCA Civ 2699
12 Nov 1997
CA
Banking, Insolvency
Whether document was fixed of floating charge over company assets.
[ Bailii ]
Hong Kong and Shanghai Banking Corporation Limited v G D Trade Company Limited [1997] EWCA Civ 2818
25 Nov 1997
CA
Banking
[ Bailii ]
Nippon Credit Bank Limited v Air New Zealand Limited [1997] UKPC 60
8 Dec 1997
PC
Commonwealth, Banking
(New Zealand)
[ Bailii ]
Mirza Salman Ispahani v Bank Melli Iran [1997] EWCA Civ 3047
18 Dec 1997
CA
Banking
Claim of unauthorised deductions by bank.
[ Bailii ]
