swarb.co.uk - law index
These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.
Banking - From: 1998 To: 1998
This page lists 35 cases, and was prepared on 03 April 2018.
Merrill Lynch Capital Services Inc v Municipality of Piraeus; CA 14-Jan-1998 - [1998] EWCA Civ 20
Elli Christofi v Barclays Bank Plc; PatC 19-Jan-1998 - Times, 03 February 1998; [1998] 1 WLR 1245
Kova Establishment v Sasco Investments Ltd Times, 20 January 1998
20 Jan 1998
ChD
Banking
Differential in interest rate charges was enough to indicate parties intentions that debts assigned not to be included in bank's guarantee.
Ludgate Insurance Company Ltd v Citibank Na [1998] EWHC 1144 (Comm); [1998] Lloyds Rep IR 221
26 Jan 1998
Admn
Brooke, Mummery LJJ, Sir Patrick Russell
Banking
The Plaintiffs' claims arise out of a dispute between the parties which followed the collapse of certain companies trading in the London insurance market in the early 1990s. Ludgate, in short, contends that Citibank is wrongly retaining too much by way of collateral deposits in support of Letters of Credit it has issued and that it has also wrongly debited interest charges to its account.
[ Bailii ]
Coutts and Co (a Corporate Body) v Vickers and Another [1998] EWCA Civ 75
27 Jan 1998
ChD
Banking
[ Bailii ]
Coutts and Co (a Corporate Body) v Vickers and Another [1996] EWCA Civ 612
27 Jan 1998
CA
Banking
[ Bailii ]
Bank of Cyprus (London) Limited v Anthony Alexander [1998] EWCA Civ 212
12 Feb 1998
CA
Banking, Contract
[ Bailii ]
Bank of Credit and Commerce International (Overseas) Limited (In Liquidation); BCCI Holdings (Luxembourg) SA (In Liquidation); Bank of Credit and Commerce International SA (In Liquidation) v Price Waterhouse Times, 04 March 1998; [1998] EWCA Civ 236; (1998) PNLR 564; [1998] Lloyd's Rep Bank 85
13 Feb 1998
CA
Neill LJ
Professional Negligence, Banking
The special relationship between an auditor and a bank, meant that a duty of care could extend even to a second bank with its own auditors. In determining whether there had been an assumption of responsibility, the the relevant factors would include (according to the authorities): "(a) the precise relationship between (to use convenient terms) the adviser and the advisee. This may be a general relationship or a special relationship which has come into existence for the purpose of a particular transaction. But in my opinion counsel for Overseas was correct when he submitted that there may be an important difference between the cases where the adviser and the advisee are dealing at arm's length and cases where they are acting "on the same side of the fence.
(b) the precise circumstances in which the advice or information or other material came into existence. Any contract or other relationship with a third party will be relevant.
(c) the precise circumstances in which the advice or information or other material was communicated to the advisee, and for what purpose or purposes, and whether the communication was made by the adviser or by a third party. It will be necessary to consider the purpose or purposes of the communication both as seen by the adviser and as seen by the advisee, and the degree of reliance which the adviser intended or should reasonably have anticipated would be placed on its accuracy by the advisee, and the reliance in fact placed on it.
(d) the presence or absence of other advisers on whom the advisee would or could rely. This factor is analogous to the likelihood of intermediate examination in product liability cases.
(e) the opportunity, if any, given to the adviser to issue a disclaimer."
1 Cites
1 Citers
[ Bailii ]
Sierra Leone Telecommunications Co Ltd v Barclays Bank Plc; QBD 25-Feb-1998 - Times, 25 February 1998; Gazette, 16 April 1998
Lyle v Chipchase (a Firm); Chipchase Jarvis and Co (a Firm); Hall; Mayo; Giebel; From; Godfrey; Wimble and Gardiner [1998] EWCA Civ 362
26 Feb 1998
CA
Evidence, Banking
[ Bailii ]
AIB Finance Ltd v Debtors (Alsop and Another) Times, 11 March 1998; Gazette, 08 April 1998
11 Mar 1998
CA
Banking, Insolvency
The duty of care of a lender to get the best price for repossessed properties, was not broken when the business closed before repossession, and the property was not sold as a going concern.
1 Cites
Bayerische Hypotheken- und Wechselbank v Dietzinger [1998] 1 WLR 1035; [1998] EUECJ C-45/96
17 Mar 1998
ECJ
Consumer, Banking
The court was asked whether the Directive applied to a bank guarantee given by a natural person who was not acting in the course of a trade or business to secure the overdraft of a third party. Held. The scope of the Directive is not limited according to the nature of the goods or services to be supplied under a contract; the only requirement is that the goods or services must be intended for private consumption. The grant of a credit facility is indeed the provision of a service, the contract of guarantee being merely ancillary to the principal contract, of which in practice it is usually a precondition. However, a contract of guarantee concluded by a natural person who is not acting in the course of his trade or profession does not come within the scope of the Directive where it guarantees repayment of a debt contracted by another person who, for his part, is active within the course of his trade or profession.
Council Directive 85/557/EEC
1 Citers
[ Bailii ]
Bradford and Bingley Building Society v Latif [1998] EWCA Civ 490
19 Mar 1998
CA
Banking, Land
The applicant sought to re-open his earlier failed application for leave to appeal against failure of his defence that the Society, in selling his house after repossessing it, had failed to recover the best price.
[ Bailii ]
Neil Owen Turner v Royal Bank of Scotland Plc [1998] EWCA Civ 529; [1999] Lloyds Rep Banking 231
24 Mar 1998
CA
Banking, Information
The plaintiff complained as to the provision of references by his bank. The bank said he had given an implied permission through the bank which had made the request. Later changes in the bankers code of practice would have required explicit written consent. Held: The bank had failed in its duty of disclosure of the practices current at the time, and appeared to have a positive policy of concealing the fact that it had given a reference.
1 Cites
1 Citers
[ Bailii ]
Box and Others v Barclays Bank Plc; ChD 30-Apr-1998 - Times, 30 April 1998; Gazette, 07 May 1998; [1998] Lloyd's Rep Bank 185
In Re Westmaze Ltd (In Administrative Receivership) Times, 15 July 1998
15 May 1998
ChD
David Oliver QC
Banking
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 charged in the ordinary course of business.
1 Cites
Midland Bank Plc v Ebert [1998] EWCA Civ 917
5 Jun 1998
CA
Banking
Application for leave to appeal against judgment on bank account debt.
[ Bailii ]
Cooke v National Westminster Bank Plc; Waldron Wetherell and Co Times, 27 July 1998; [1998] EWCA Civ 1022
17 Jun 1998
CA
Undue Influence, Banking
Where a bank had failed to require the solicitors witnessing a wife's signature to a guarantee, to write to confirm that she had received independent advice, and there had been undue influence, they were deemed to be on notice of such influence.
1 Cites
[ Bailii ]
Bank of Cyprus (London) Ltd v Alexander [1998] EWCA Civ 1067
23 Jun 1998
CA
Banking
[ Bailii ]
Dunbar Bank Plc v Maurice Nadeem Zubaida Nadeem and Another Times, 01 July 1998; [1998] EWCA Civ 1027; [1998] 3 All ER 876
1 Jul 1998
CA
Millett LJ
Undue Influence, Banking, Equity
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.
1 Cites
1 Citers
[ Bailii ]
TSB Bank Plc v Dickson and others [1998] EWCA Civ 1293
24 Jul 1998
CA
Banking
Personal guarantee given to support company debt.
[ Bailii ]
Bank of Scotland v David Butcher [1998] EWCA Civ 1306
28 Jul 1998
CA
Banking
Is the proper law of a contract of guarantee between the Bank of Scotland and Mr David Butcher and Mr Sievewright Scottish or English and Welsh law?
[ Bailii ]
Seaconsar Far East Ltd v Bank Markazi Jomhouri Islami Iran (Body Corporate) [1998] EWCA Civ 1356
30 Jul 1998
CA
Banking
[ Bailii ]
Royal Bank of Scotland v Etridge, Loftus and Another v Etridge and Another, Etridge v Pritchard Englefield (Merged With Robert Gore and Co ) Midland Bank Plc v Wallace and Another (No 2); CA 31-Jul-1998 - Times, 17 August 1998; Gazette, 26 August 1998; [1998] EWCA Civ 1372; [1998] 4 All ER 705
Pharaon and Others v Bank of Credit and Commerce International Sa, Price Waterhouse Intervening; Price Waterhouse v Bank of Credit and Commerce Etc Times, 17 August 1998
17 Aug 1998
ChD
Banking
A banker's duty of confidentiality to its clients can be overridden where fraud is alleged and a document is required even to support private foreign litigation. Disclosure of fraud changed balance of the public interest.
Frost v James Finlay Bank Limited [1998] EWCA Civ 1441
17 Sep 1998
CA
Banking, Professional Negligence
[ Bailii ]
Paul Baldry and Gillian Baldry v First National Bank Plc [1998] EWCA Civ 1483
5 Oct 1998
CA
Consumer, Banking
Consumer Credit Act 1974
[ Bailii ]
Lloyds Bank Plc v Beynon Edwin Cedric Darley and Susan Darley [1998] EWCA Civ 1769
13 Nov 1998
CA
Banking, Land
Appeal against bank's possession order.
[ Bailii ]
Lloyds Bank Plc v Jeffrey Lampert, Vanessa Lampert [1998] EWCA Civ 1840
25 Nov 1998
CA
Land, Banking
Appeal against mortgage possession order.
[ Bailii ]
Lloyds Bank Plc v Independent Insurance Co Ltd Times, 03 December 1998; [2000] 1 QB 110; [1998] EWCA Civ 1853
26 Nov 1998
CA
Gibson LJ, Thorpe LJ, Waller LJ
Banking
The bank had made an electronic transfer of funds for a customer in satisfaction of that customer's proper debt, but it was done under a mistake of fact as to the cleared status of funds received. Held: The appeal was turned down. The bank was not entitled to restitution of payment once made.
1 Cites
1 Citers
[ Bailii ]
UCB Bank Plc v Roy Chandler and Yvonne Ann Chandler [1998] EWCA Civ 1862
26 Nov 1998
CA
Banking, Litigation Practice, Estoppel
Renewed application for leave to appeal and for an extension of time for so doing
[ Bailii ]
James Finlay Bank Limited v Frost [1998] EWCA Civ 1867
27 Nov 1998
CA
Banking, Professional Negligence
[ Bailii ]
Lloyds Bank Plc v Charles Croad; Brian Thomas Crutcher; Daniel Charles Miller; John Robert Miller and Ramstate Limited [1998] EWCA Civ 1933
9 Dec 1998
CA
Banking
A guarantee claimed to have been discharged by the behaviour of the bank.
[ Bailii ]
Mahomed v Bank of Baroda Times, 10 December 1998; Gazette, 10 December 1998; [1998] EWCA Civ 1776
10 Dec 1998
CA
Limitation, Banking
A claim against a bank for repayment of a deposit does not of itself restart the limitation period on a claim, but where a customer revoked a demand, asking for payment at next maturity, the contract continued and the limitation period started afresh.
Limitation Act 1980
1 Cites
Governor and Company of Bank of Scotland v Bennett and Another [1998] EWCA Civ 1965; [1999] 1 FLR 1115
21 Dec 1998
CA
Lord Justice Auld, Lord Justice Chadwick, Sir Christopher Staughton
Banking, Land, Undue Influence
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 reluctant to sign, and claimed she had not been given independent advice. The bank appealed saying that notwithstanding the defeat of the guarantee, the charge remained binding. The judge found the husband's undue influence on the wife in respect of both the charge and the guarantee. Held: The bank could not be fixed with notice of the wife's reluctance to execute the charge, since independent solicitors were instructed. The bank were not put on enquiry by the circumstances to suggest that she may have been acting under her husband's undue influence. The bank's appeal was upheld.
1 Cites
1 Citers
[ Bailii ]
