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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: 2001 To: 2001

This page lists 51 cases, and was prepared on 03 April 2018.

 
Governor and Company of the Bank of Scotland v a Ltd, B and C [2001] EWCA Civ 1212
18 Jan 2001
CA

Banking

[ Bailii ]
 
Bank of Scotland v A Ltd and others [2001] EWCA Civ 52
18 Jan 2001
CA

Banking

[ Bailii ]
 
Turner v Royal Bank of Scotland Plc [2001] EWCA Civ 64
23 Jan 2001
CA

Banking, Torts - Other
The claimant sought damages for an alleged negligent mis-statement by his bankers when giving a reference. He sought leave to appeal. Held: Leave was refused. The claimant had not established either that the bank had broken its duty of care to the claimant, or that he had suffered any loss.
1 Cites

1 Citers

[ Bailii ]
 
Surrey Asset Finance Ltd v National Westminster Bank [2001] EWCA Civ 60
24 Jan 2001
CA
Rix LJ
Banking
Application for leave to appeal against dismissal of application for summary judgment - rejected.
1 Cites

[ Bailii ]
 
Dampskibssel v Ghobrial [2001] EWCA Civ 103
31 Jan 2001
CA
Tuckey LJ
Banking
Application for leave to appeal.
[ Bailii ]

 
 National Westminster Bank Plc v Glen Terence Breeds, Pete Kay Breeds; ChD 1-Feb-2001 - [2001] EWHC Ch 21
 
Card Protection Plan Ltd v Commissioners of Customs and Excise Times, 06 February 2001; Gazette, 01 March 2001; [2001] UKHL 4; [2001] 2 ALL ER 143; [2001] 2 WLR 329; [2002] 1 AC 202
6 Feb 2001
HL
Lord Slynn of Hadley Lord Jauncey of Tullichettle Lord Nolan Lord Steyn Lord Hoffmann
VAT, Banking, Insurance
The appellants sold a system protecting credit card holders against the consequences of loss or theft. They claimed that it was insurance and exempt from VAT. The commissioners said it was a service and vatable. The card provided a range of services for those who had lost a card, and laid off the costs against their own re-insurance. The European Court had defined insurance as the payment of a premium, to provide the insured, in the event of materialisation of the risk covered, with the service agreed when the contract was concluded. The commissioners held that two services were included, one of insurance, and one of the registration of an individual's card and other details. Held: The dominant purpose of the contract was for insurance. Others were ancillary or minor. (Slynn) "the court’s task is to have regard to the ‘essential features of the transaction’ to see whether it is ‘several distinct principal services’ or a single service and that what from an economic point of view is in reality a single service should not be ‘artificially split’. It seems that an overall view should be taken and over-zealous dissecting and analysis of particular clauses should be avoided." The court should asking itself "what is the essential feature of the scheme or its dominant purpose – perhaps why objectively people are likely to want to join it".
Sixth Council Directive (77/388/EEC) (OJ 1977 L145/1) - Value Added Tax Act 1983 17(1)
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Bank of Scotland v A Ltd and Others (Serious Fraud Office, Interested Party) Times, 06 February 2001; Gazette, 01 March 2001; [2001] 1 WLR 754; [2001] EWCA Civ 52
6 Feb 2001
CA
Lord Woolf CJ
Criminal Practice, Banking
A bank, having been informed that the activities of a customer involved money laundering, found itself in a position where, if it paid out the funds, it would face conviction, but if it failed to do so, it be found to be involved in tipping off the customer. Held: This is one of the few situations where an application could be made to court for a declaration. The appropriate defendant was the Serious Fraud Office, not the customer. The court would not normally be willing to grant a declaration to save a citizen who was faced with a normal even if difficult commercial decision. Discussing legal privilege: "During argument there was discussion as to the extent of the defence provided by section 93D(4). Mr Crow helpfully drew our attention to the similarity between the language of section 93D(4) and the scope of legal professional privilege. Based on this assistance, we conclude that the subsection broadly protects a legal adviser when that adviser is engaged in activities which attract legal professional privilege."
Criminal Justice Act 1988 93A 93B 93C
1 Citers


 
Casio Computer Co Ltd v Sayo and Others Times, 06 February 2001; Gazette, 08 February 2001
8 Feb 2001
CA

Jurisdiction, Equity, Banking
In a case alleging knowing assistance in the fraudulent transfer of funds through the banking system, acts forming part of the events had occurred within the jurisdiction. It was proper to join a defendant to the action here, even though he was resident in Spain. Under the Convention the defendants could be sued either in the jurisdiction of their residence or where any of the events giving rise to the tort occurred.
Brussels Convention on Enforcement of Judgments in Civil and Commercial Matters 1968
1 Citers


 
Sarwar v Royal Bank of Scotland Plc [2001] EWCA Civ 252
8 Feb 2001
CA

Banking

[ Bailii ]
 
Standard Bank London Ltd v Apostolakis and Another [2001] EWHC 493 (Comm)
9 Feb 2001
ComC
Steel J
Consumer, Banking
Banking and financial services - conflict of laws - contract - anti-suit injunction - unfair contract terms - defendants signed foreign exchange margin trading agreement in greece - proceedings in greece and england - agreement contained english jurisdiction clause but defendants acted as consumers - defendants entitled to bring proceedings in greece despite jurisdiction clause under brussels convention arts 13, 14 - jurisdiction clause not binding by virtue of unfair terms in consumer contracts regulations 1994 and 1999
1 Citers

[ Bailii ]
 
Royal Bank of Scotland v Miller [2001] EWCA Civ 344
27 Feb 2001
CA

Banking

[ Bailii ]

 
 Three Rivers District Council and Others v Governor and Company of The Bank of England (No 3); HL 23-Mar-2001 - Times, 23 March 2001; [2001] 2 All ER 513; [2001] UKHL 16; [2000] 2 WLR 1220; [2003] 2 AC 1; [2001] Lloyds Rep Bank 125; (2001) 3 LGLR 36
 
Nicholson v HSBC Bank Plc and others [2001] EWCA Civ 484
30 Mar 2001
CA
Rix LJ
Banking, Intellectual Property

[ Bailii ]
 
Jose Manuel Pitta De Lacerda Aroso v Coutts and Company [2001] EWHC Ch 443
2 Apr 2001
ChD

Banking

[ Bailii ]

 
 Dexter Ltd (In Administrative Receivership) v Harley; ChD 2-Apr-2001 - Times, 02 April 2001
 
United Overseas Bank Ltd v Iwuanyanwu and Another [2001] EWCA Civ 616
25 Apr 2001
CA
Chadwick LJ
Banking
Renewed application for leave to appeal.
[ Bailii ]
 
Gold Coast Ltd v Caja De Ahorros Del Mediterraneo and others [2001] EWHC 504 (Comm)
2 May 2001
ComC

Banking, Arbitration

1 Citers

[ Bailii ]
 
Barclay's Bank Plc v Varenka Goff Gazette, 17 May 2001; [2001] EWCA Civ 635
3 May 2001
CA
Lord Justice Pill, Lord Justice Mantell, and Lord Justice Buxton
Undue Influence, Banking, Legal Professions
The respondent executed an all monies charge over her property to secure the liability of companies in which she had no direct interest. The bank insisted that she employ solicitors to give her independent advice. The bank sought to enforce its security, and she claimed it was signed under undue influence, of which the bank was fixed with constructive notice. The bank appealed successfully against the order setting aside the charge. Although the bank were fixed with constructive notice of the undue influence, the employment of the independent solicitor was sufficient to discharge that constructive notice. That was only disapplied where no competent solicitor could have advised the wife to enter into the transaction, and that did not apply in this case.
1 Cites

[ Bailii ]
 
National Westminster Bank v Utrecht-America Finance Company [2001] EWCA Civ 658; [2001] 3 All ER 733
10 May 2001
CA
Lord Justice Aldous, Lord Justice Clarke, And Lord Justice Laws
Banking, Jurisdiction, Contract
An agreement between the parties for assignment or novation of a credit agreement, contained a 'take out' agreement ('TOA'). The defendant began proceedings in California to rescind the agreement, and the claimants obtained summary judgement under the TOA and an injunction to prevent the defendants proceeding in California. The defendants appealed. There were allegations of the withholding of information which would be treated differently in the two courts. Held: If the agent had no obligation to disclose anything, his failure to do so could not be characterised as fraudulent or negligent, whatever his motives may have been. The agreement gave explicit preference to English law. The clause specifying what was to be disclosed was neither unfair nor unreasonable. The injunction was correctly granted.
Unfair Contract Terms Act 1977 2(2) - Misrepresentation Act 1967 3
1 Cites

1 Citers

[ Bailii ]
 
Nicholson v HSBC Bank Plc and Another [2001] EWCA Civ 748
11 May 2001
CA

Banking, Intellectual Property

[ Bailii ]

 
 Hampton v Minns; ChD 17-May-2001 - Gazette, 17 May 2001
 
Citibank NA v Ercole Ltd and Others
24 May 2001
QBD
Bell J
Banking, Negligence
courtcommentary.com Claim for sums due under loan agreements in an Art Advisory Service - counterclaims of breach of duty and negligence in advice on purchase of art and breach of duty and contract in the sale of art held as collateral for loans.
[ courtcommentary.com ]

 
 Agnew and Kevin James Bearsley v The Commissioner of Inland Revenue, and Official Assignee for the Estate In Bankruptcy of Bruce William Birtwhistle and Mark Leslie Birtwhistle; PC 5-Jun-2001 - [2001] 2 AC 710; [2001] UKPC 28; [2001] BCC 259; [2001] 2 BCLC 188; [2001] Lloyd's Rep Bank 251; [2001] 3 WLR 454
 
HSBC Bank Plc v Liberty Mutual Insurance Company (Uk) Ltd Times, 11 June 2001
11 Jun 2001
ChD

Insurance, Banking, Contract
Where the draftsman of a contract appeared to have misused a word the court could depart from the dictionary meanings even if there was no ambiguity. This must first become apparent from the surrounding circumstances before the court could accept that it was to be driven to construe the contract in this way.

 
National Westminster Bank Plc v Somer International (Uk) Limited [2001] EWCA Civ 970; [2002] QB 1286; [2002] 3 WLR 64; [2002] 1 All ER 198; [2001] All ER (D) 235; [2001] Lloyds Rep Bank 263
22 Jun 2001
CA
Lord Justice Peter Gibson, Lord Justice Potter, Lord Justice Clarke
Equity, Banking
The bank by mistake credited £76,000 to the Defendant's account and erroneously later indicated that it had come from a customer of the Defendant, M; in reliance on that, the Defendant dispatched goods to the value of some £13,000 to M who later ceased trading and effectively disappeared without paying. Held: The defendant's appeal failed. Because the Defendant had only suffered detriment in relation to the £13,000 it was not entitled to keep the balance because it will be unconscionable for it to do so. With respect to the defence of change of position to a claim for equitable restitution, "change of position" only protects actual reduction of the transferee's assets following receipt."
Potter LJ said: "Similarly, the point is made that, albeit in Skyring -v Greenwood and Holt -v- Markham there was no exact enquiry into the degree to which each defendant had altered his financial position, there was equally no judicial statement that estoppel by representation could not operate pro tanto in an appropriate case. In Skyring -v- Greenwood, indeed, it is not clear that there was evidence of any detrimental reliance, the court simply assuming that it had taken place. In Holt -v- Markham, while it is clear from the judgment of Warrington LJ at 512 that not all the money had been spent, there is no indication whether the balance which remained was substantial and it is clear that, in addition to mere spending, the defendant had parted with his War Savings Certificates: see per Bankes LJ at 511. It seems to me that those cases do no more than establish that the court will generally think it appropriate to treat the matter broadly and will not require the defendant to demonstrate in detail the precise degree or value of the detriment which he has suffered in circumstances where, as Slade LJ pointed out, "he may find it difficult subsequently to recall and identify retrospectively the nature and extent of commitments undertaken or expenditure incurred as a result of an alteration in his general mode of living". However, it is open to the court, acting on equitable principles, to take the view that some restitution is necessary, albeit the burden upon the defendant of proving the precise extent of his detriment should be a light one. In these circumstances, the court may well have broad regard to, without being bound to follow, the developing lines of the courts' approach in `change of position' cases. However, the two defences will remain distinct, unless or until the House of Lords rules otherwise."
Peter Gibson LJ said: "I fully accept that the court, when assessing detriment, should not apply too demanding a standard of proof because of the practical difficulties faced by a defendant conducting a business who has been led to believe that the moneys paid by mistake are his (see the remarks of Slade L.J. in Howlett at pp. 621, 2) . . "
1 Citers

[ Bailii ]
 
Frost v James Finlay Bank Ltd and R G Cozens and others [2001] EWHC Ch 404
25 Jun 2001
ChD

Banking, Professional Negligence

[ Bailii ]

 
 Jones v Morgan; CA 28-Jun-2001 - Times, 24 July 2001; [2001] EWCA Civ 995; (2001) 82 P and CR DG20; [2001] NPC 104; [2001] Lloyds Rep Bank 323; [2002] 1 EGLR 125

 
 Shanning International Ltd (in liquidation) v Lloyds Bank plc Lloyds Bank plc v Rasheed Bank; HL 2-Jul-2001 - Times, 02 July 2001; Gazette, 23 August 2001; [2001] UKHL 31; [2001] 1 WLR 1462; [2001] 3 CMLR 14

 
 Solo Industries UK Ltd v Canara Bank; CA 3-Jul-2001 - Gazette, 19 July 2001; Times, 31 July 2001
 
Stone's Application for Judicial Review [2001] EWCA Civ 1113
4 Jul 2001
CA
Tuckey LJ
Banking
A renewed application for permission to appeal against Hooper J's refusal to grant the applicant, Mr Geoffrey Stone, permission to judicially review a decision of the Banking Ombudsmans.
[ Bailii ]
 
First Roodhill Leasing Limited v Gillingham Operating Company Limited, Medway Council, Her Majesty's Attorney General [2001] EWHC Ch 397
5 Jul 2001
ChD
The Hon Mr Justice Lightman
Local Government, Banking

[ Bailii ]
 
GMAC Commercial Credit Development Ltd v Sandhu and Another [2001] EWCA Civ 1209; [2001] 2 All ER (Comm) 782
10 Jul 2001
CA
Potter, Hale LJJ, Sir Anthony Evans
Banking
Claims under deeds of guaranee and indemnity to support debt factoring arrangements.
1 Citers

[ Bailii ]

 
 Watchtower Investments Ltd v Payne and Another; CA 20-Jul-2001 - Times, 22 August 2001; Gazette, 13 September 2001; [2001] EWCA Civ 1159
 
Lloyds TSB Bank Plc v Shorney and Another Gazette, 27 September 2001; Times, 25 October 2001; [2001] EWCA Civ 1161
20 Jul 2001
CA
Mr Justice Astill, Lord Justice Waller, Lord Justice Latham
Banking
The defendant had signed a guarantee and supporting charge to support her husband's business debts. It has been expressly limited to £150,000. Without prior notification, or seeking her consent, the bank extended the loan. When it later sought possession, they sought to rely upon a term of the guarantee which prevented her claiming against her husband in respect of the debt in competition with the bank. It was held that the bank could only rely upon such a clause if it had sought her consent to the extension of the debt. The bank could not rely upon such a general power in this situation.
1 Cites

[ Bailii ]
 
Ahmed v Habib Bank Ltd [2001] EWCA Civ 1270
31 Jul 2001
CA
Lord Justice Mummery, Sir Martin Nourse
Banking

[ Bailii ]
 
Popek v National Westminster Bank Plc [2001] EWCA Civ 1368
31 Jul 2001
CA
Sir Martin Nourse
Banking, Negligence

[ Bailii ]

 
 Societe Eram Shipping Company Ltd v Compagnie International De Navigation and Others; CA 7-Aug-2001 - Gazette, 20 September 2001; [2001] EWCA Civ 1317; [2001] All ER (Comm) 721; [2001] 2 Lloyd's Rep 627; [2002] CLC 60; [2001] 2 LLR 627; [2001] CP Rep 112
 
Yasseen and others v HSBC Bank Plc [2001] EWCA Civ 1487
8 Oct 2001
CA
Rix LJ
Banking

[ Bailii ]

 
 Royal Bank of Scotland v Etridge (No 2); Barclays Bank plc v Harris; Midland Bank plc v Wallace, etc; HL 11-Oct-2001 - Times, 17 October 2001; [2001] UKHL 44; [2001] 3 WLR 1021; [2002] 2 AC 773; [2002] HLR 4; [2002] 1 Lloyd's Rep 343; [2001] NPC 147; [2001] Fam Law 880; [2001] 43 EGCS 184; [2001] 2 All ER (Comm) 1061; [2001] 4 All ER 449; [2001] 2 FLR 1364; [2002] 1 P & CR DG14; [2001] 3 FCR 481

 
 Paragon Finance plc v Nash etc; CA 15-Oct-2001 - Times, 25 October 2001; Gazette, 15 November 2001; [2001] EWCA Civ 1466; [2002] 1 WLR 685
 
Commissioners of Customs and Excise v Barclays Bank Plc Gazette, 15 November 2001; [2001] EWCA Civ 1513
17 Oct 2001
CA
The Vice-Chancellor, Lord Justice Buxton, And Lady Justice Arden
Banking, VAT
The respondent controlled a VAT group of companies. T was transferred to a charitable trust, and the commissioners were informed that it was no longer a member of the group. The commissioners contended that it remained a member up to the end of the accounting period. Held: The provisions of the Act relating to the termination of group membership, did not provide that it would be coterminous with the cesser of eligibility, and such a provision could not be implied..
Value Added Tax Act 1994 43(5)(b)
[ Bailii ]
 
Financial Services Authority v Rourke Times, 12 November 2001; Gazette, 29 November 2001; [2002] CP Rep 14
19 Oct 2001
ChD
Mr Justice Neuberger
Banking, Civil Procedure Rules
The applicant sought a declaration that the defendant had acted in breach of the Act, in accepting sums by way of deposit, without being authorised, and had made prohibited statements to attract such deposits. Could a civil court make such a finding which would be equivalent to a finding of guilt of a criminal offence? The Civil Procedure Rules provided: 'The court may make binding declarations whether or not any other remedy is claimed.' This power is wide, and indeed wide enough. In this case no criminal proceedings were pending, and a criminal court could if necessary assess the fairness of any subsequent proceedings. "when deciding whether to grant a declaration or not, the court should take into account justice to the claimant, justice to the defendant, whether the declaration would serve a useful purpose and whether there are any other special reasons why or why not the court should grant the declaration".
Banking Act 1987 3 35 - Civil Procedures Rules 40.20
1 Cites

1 Citers


 
National Westminster Bank plc v Jones and Others Gazette, 15 November 2001; Times, 19 November 2001; [2001] EWCA Civ 1541; [2002] 1 BCLC 55
24 Oct 2001
CA
Judge LJ, Mummery LJ, Sir Martin Nourse
Banking, Agriculture, Insolvency
The respondent farmers charged the farm by way of an agricultural floating charge to the claimants. On coming into difficulties, they set up a limited company and granted a tenancy in its favour and transferred assets to it. The bank obtained declarations that the charges remained valid and that the new tenancies and assignments should be set aside. The tenants appealed, but failed. The admitted purpose of the transactions was to put the assets beyond the reach of the bank, and that they were at an undervalue. The Agricultural Credits Act operated therefore to crystallise the charge. As to s423, it: "requires a comparison to be made between two figures. For that purpose the court must arrive at a conclusion based on actual values. The evidence may, of course, disclose a range of suggested figures. But the court must ascertain from the evidence the actual value against which the consideration for the transaction must be measured. That was the approach adopted by the judge. It is correct."
Insolvency Act 1986 423 - Agricultural Credits Act 1928 7
1 Cites

1 Citers

[ Bailii ]

 
 Director General of Fair Trading v First National Bank; HL 25-Oct-2001 - Times, 01 November 2001; [2002] 1 AC 481; [2001] UKHL 52; [2001] 3 WLR 1297; [2002] 1 LLR 489; [2001] 2 All ER (Comm) 1000; [2002] 1 All ER 97; [2002] ECC 22; [2002] 1 Lloyd's Rep 489
 
Genira Trade and Finance Inc v CS First Boston and Standard Bank (London) Limited [2001] EWCA Civ 1733
21 Nov 2001
CA

Banking, Litigation Practice
The court considered the circumstances under which it could be called upon to assist a foreign court. Held: It is the duty and pleasure of the court to give all such assistance as it can to the requesting court within the limits imposed by the 1975 Act from which the jurisdiction to make orders of this kind is derived.
Evidence (Proceedings in other Jurisdictions) Act 1975
1 Citers

[ Bailii ]
 
Dextra Bank and Trust Company Limited v Bank of Jamaica [2002] 1 All ER (Comm) 193
26 Nov 2001
PC
Lord Bingham of Cornhill, Lord Goff of Chieveley, Lord Hobhouse of Woodborough, Sir Martin Nourse, Sir Patrick Russell
Banking, Commonwealth, Equity
(Jamaica) A cheque was drawn which was used as part a complex financial arrangement intended to purchase foreign currency to work around Jamaica's foreign exchange control regulations. It was asserted that by presenting the cheque used in the deception, it had been converted. The principle question was whether the cheque had been delivered as required under the Act. It was argued that the agent delivering the cheque was acting outside any authority entrusted to him by the drawer, and that accordingly no delivery was made. However his involvement was merely adventitious and could not invalidate delivery. The claimants sought restitution. The appellants asserted that they could rely upon the defence of 'change of position' and that the court should consider the relative degrees of fault of the parties. The court held that it was wrong to include any such calculation. "Their Lordships are, however, most reluctant to recognise the propriety of introducing the concept of relative fault into this branch of the common law, and indeed decline to do so. They regard good faith on the part of the recipient as a sufficient requirement in this context." The appeal was dismissed.
1 Cites

1 Citers

[ PC ] - [ PC ]
 
Royal Bank of Scotland v Sharma and others [2001] EWCA Civ 1908
27 Nov 2001
CA

Banking

[ Bailii ]
 
Gold Coast Ltd v Caja De Ahorros Del Mediterraneo and others [2001] EWCA Civ 1806; [2003] 1 All ER (Comm) 142; [2002] 1 Lloyd's Rep 617; [2002] 1 LLR 617; [2002] CLC 397
6 Dec 2001
CA
Lord Justice Simon Brown Lord Justice Tuckey And Lady Justice Hale
Banking, Arbitration
The banks appealed findings as to their liability to pay out under on-demand guarantees they had given in respect of stage payments for the construction of a ship. It was claimed that the delivery times had not been met, and the builder was in default. The demand was certified by the buyer's bankers who had funded the purchase. The banks said that payment was only demandable after the result of an arbitration was received. Held: 'On demand' guarantees, where the demand was supported by a bona fide certificate, should be given effect on their terms. There was nothing in the agreement to support any requirement to delay satisfaction of the guarantee pending the result of the arbitration, and: "where in international transactions a bond or guarantee is expressed to be payable upon demand, in the absence of clear words indicating that liability under it is conditional upon the existence of liability or the part of the account party in connection with the underlying transaction, the guarantee is intended and should be construed as an independent guarantee entitling the beneficiary to payment simply against an appropriately worded demand accompanied by such other documents (if any) as the guarantee may require."
1 Cites

1 Citers

[ Bailii ]
 
Bank of China v NBM LLC and others Times, 10 January 2002; Gazette, 27 February 2002
18 Dec 2001
CA
Lord Justice Pill, Lord Justice Tuckey, And, Lord Justice Jonathan Parker
Litigation Practice, Banking
A world wide asset freezing order, should as regards property in other jurisdictions allow that those having control of such assets must be free to deal with them as required by local law and other legal obligations. An order had included a 'Baltic proviso' The appellant suggested it was not correct. Held: A third party should not be required to breach its contractual obligations. The onus should be upon the claimant to obtain relief from the local court rather than upon the third party. The proviso was properly included, and indeed it should be included in the standard form..
1 Cites


 
Morgan Grenfell and Co Ltd v Sace - Istituto Per i Servizi Assicurativi Del Commercio [2001] EWCA Civ 1932
19 Dec 2001
CA
Clarke, Mance, Dyson LJJ
Banking, Insurance, Litigation Practice
The claimants sought to recover under guarantees, issued by the respondent banks, underwriting export credit guarantees. Though described as guarantees, the agreements were in law and substance, contracts of insurance governed by Italian law. The respondents refused to pay alleging failure to disclose the absence of investigation of the financial viability of the payer. Held: The judge had had to find against a background of differing expert opinions on Italian Law and banking practice. These were for an English court, questions of fact, even though of a special nature. On an appeal against findings on such issues the Court of Appeal should be reluctant to reverse findings of fact. Italian insurance law differs from English law with respect to avoidance of liability of the insurer. In this case though the court differed from the judge as to its conclusions on Italian insurance and banking law, greater disclosure by the insured would not have affected the bankers minds, and the finding was upheld.
1 Cites

[ Bailii ]
 
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