Links: Home | swarblaw - law discussions

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: 2004 To: 2004

This page lists 39 cases, and was prepared on 03 April 2018.


 
 National Westminster Bank Plc v Spectrum Plus Ltd and others; ChD 15-Jan-2004 - [2004] 2 WLR 783; [2004] 1 All ER 981; [2004] BCC 51; [2004] 1 BCLC 335; [2004] EWHC 9 (Ch)
 
Casurina Limited Partnership v Rio Algom Ltd (2004) 40 BLR (3d) 112; 2004 CanLII 30309; (2004) 181 OAC 19
21 Jan 2004


Commonwealth, Banking
(Court of Appeal for Ontario) The upheld the lower court's approval of the approach in the United States (citing Feldbaum v. McCrory Corp., 1992 Del. Ch. LEXIS 113) that in consenting to no-action clauses by purchasing bonds, bondholders waive their rights to bring claims that are common to all bondholders, and thus can be prosecuted by the trustee, unless they first comply with the procedures in the instrument constituting the bonds.
1 Citers

[ Canlii ]
 
Royal Bank of Canada v Cooperatieve Centrale Raiffeisen-Boerenleenbank Ba [2004] EWCA Civ 7
23 Jan 2004
CA
Lord Justice Mance Lord Justice Thorpe Mr Justice Evans-Lombe
International, Jurisdiction, Contract, Banking
The claimant sought an order to restrain proceedings in New York. The parties were based in Canada and the Netherlands, with places of business in New York and London also. The swap agreement underlying the claim provide for it to be governed non-exclusively by the laws of England, but which envisaged other courts applying it.
1 Cites

[ Bailii ]
 
The Argo Fund Ltd v Essar Steel Ltd [2004] EWHC 128 (Comm)
26 Jan 2004
ComC
David Steel J
Banking

1 Citers

[ Bailii ]
 
Landau v Barclays Bank Plc [2004] EWCA Civ 90
30 Jan 2004
CA

Banking

[ Bailii ]
 
Commissioners of Customs and Excise v Barclays Bank Plc [2004] EWHC 122 (Comm Court); [2004] 1 WLR 2027
3 Feb 2004
ComC
The Honourable Mr Justice Colman
Banking
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank's Faxpay national service to transfer substantial sums outside the bank's branch controls, and defeat the freezing order. The claimant sought recovery from the bank. What duty of care was owed by the bank? Held: To take on a duty of care "the defendant’s conduct must in the circumstances have been brought home to the claimants and invited the claimant’s reliance on the care with which the information has been provided or the service provided."
1 Cites

1 Citers

[ Bailii ]
 
Marconi Communications International Ltd v Pt Pan Indonesia Bank Ltd Tbk [2004] EWHC 129 (Comm); [2004] 1 Lloyd's Rep 594
4 Feb 2004
ComC

Banking
Marconi claimed damages for the defendant's alleged breach of contract in respect of the latter's failure to honour its obligations as a confirmer of a Letter of Credit. Marconi alleged that Panin Bank wrongfully failed to accept drafts properly drawn upon it and presented to it under the terms of that credit.
1 Cites

1 Citers

[ Bailii ]
 
Sandra Estelle Fielding v The Royal Bank of Scotland Plc [2004] EWCA Civ 64; Times, 26 February 2004
11 Feb 2004
CA
Mr Justice Charles The Hon Mr Justice Parker Lord Justice Potter
Banking, Negligence
The husband and wife had signed a bank mandate allowing the bank to act upon the authorisation of either of them. The wife complained that the bank should not be able to recover from her any sums expended by the husband. Held: The mandate extended to all borrowings on the joint account and without limit. The wife was liable.
1 Cites

1 Citers

[ Bailii ]
 
Kaplan, Regina (on the Application of) v Appeal Adjudicator, Enemy Property Claims Assessment Panel and Another [2004] EWHC 485 (Admin)
15 Mar 2004
Admn

Banking

[ Bailii ]
 
Cheltenham and Gloucester Plc v Appleyard and Another Times, 29 March 2004; [2004] EWCA Civ 291; Gazette, 01 April 2004
15 Mar 2004
CA
Lord Justice Kennedy, Lord Phillips Of Worth Matravers, Mr Lord Justice Neuberger
Banking, Land
The owners had purchased their property with a loan from the BBBS. A charge was then given to BCCI, which charge said no further charge could be registered without BCCI 's consent. The C&G agreed to lend a sum to refinance the entire borrowings, but on the day it was to be completed, provisional liquidators to BCCI were appointed, who refused to acknowledge the discharge of their charge, and the C&G charge could only have protection as an equitable charge. BCCI acknowledged that they had received the sums due, and so had BBBS. Held: Even though the C&G had received some reduced security, they were entitled to be subrogated to the first chargees whose loan was repaid by their funds. Subrogation was a private remedy intended to avoid unjust enrichment.
1 Cites

1 Citers

[ Bailii ]
 
Morris and others v Bank of India [2004] EWHC 528 (Ch)
19 Mar 2004
ChD
patten J
Banking

[ Bailii ]

 
 Caterpillar Financial Services Corporation v SNC Passion; ComC 19-Mar-2004 - [2004] EWHC 569 (Comm)
 
GMAC Commercial Credit Development Ltd v Sandhu and Another [2004] EWHC 716 (Comm)
31 Mar 2004
ComC
Richard Siberry QC
Banking
Claims under separate Deeds of Guarantee and Indemnity
1 Cites

[ Bailii ]

 
 Triodos Bank, Dobbs, Acorn Televillages Limited v Dobbs and Others; ChD 19-Apr-2004 - [2004] EWHC 845 (Ch)
 
National Westminster Bank Plc, Malhan Malhan v Malhan, The Secretary of State for Consitutional Affairs and Lord Chancellor [2004] EWHC 847 (Ch)
22 Apr 2004
ChD
Vice-Chancellor, The Vice-Chancellor
Land, Human Rights, Banking

Law of Property Act 1925 2(1)
1 Cites

[ Bailii ]
 
Punjab National Bank v Jain and others [2004] EWCA Civ 589
30 Apr 2004
CA

Banking, Undue Influence

[ Bailii ]

 
 National Westminster Bank plc v Patel and another; QBD 1-May-2004 - [2004] All ER (D) 429
 
Mattos Junior and others v Macdaniels Ltd. and others [2004] EWHC 1188 (Ch)
25 May 2004
ChD

Banking, Torts - Other

[ Bailii ]

 
 National Westminster Bank Plc v Spectrum Plus Ltd; In re Spectrum Plus; CA 26-May-2004 - [2005] 2 All ER 1000; [2004] All ER (D) 390; Times, 04 June 2004; Gazette, 10 June 2004; [2004] EWCA Civ 670
 
National Westminster Bank plc v Patel and another [2004] All ER (D) 429 (May)
27 May 2004
QBD

Banking


 
Bournemouth and Boscombe Athletic Football Club Ltd v Lloyds TSB Bank Plc [2004] EWCA Civ 935
28 Jun 2004
CA
Thorpe, Jonathan Parker LLJ
Banking

1 Cites

[ Bailii ]
 
Habib Bank Limited v Ahmed and others [2004] EWCA Civ 805
29 Jun 2004
CA
Lord Justice Auld Lord Justice Sedley Lord Justice Keene
Insolvency, Banking

Foreign Judgments (Reciprocal Enforcement ) Act 1933 - Insolvency Act 1986 423
[ Bailii ]
 
Capital Bank Cashflow Finance Ltd v Ian Southall [2004] EWCA Civ 817
1 Jul 2004
CA
Lord Justice Mance Mr Justice Bodey Lord Justice Neuberger
Banking

[ Bailii ]
 
Hosni Tayeb v HSBC Bank Plc, Al Foursan International Company [2004] EWHC 1529 (Comm)
5 Jul 2004
QBD
Mr Justice Colman
Banking

Criminal Justice Act 1988 93A
[ Bailii ]
 
Lloyds TSB Bank Plc v Norman Hayward [2004] EWHC 1798 (Ch)
23 Jul 2004
ChD
The Hon Mr Justice Evans-Lombe
Banking
The bank claimed repayment under personal guarantees given by the respondent of the debts of a football club. The defendant said his guarantee had been discharged under the rule in Holme v Brunskill.
1 Cites

[ Bailii ]
 
Nigel Charles Bennett v The Governor and Company of the Bank of Scotland [2004] EWCA Civ 988; Times, 04 August 2004
23 Jul 2004
CA
Lord Justice Mummery Lord Justice Scott Baker
Banking, Limitation
The bank had obtained judgment against the defendant, but had failed to act upon it, and the judgment became unenforceable. It then began later proceedings on the original debt (still within the applicable limitation period). The defendant said this was an abuse of process. Held: The decision in Ridgeway after close of oral argument on the original trial did not affect the question on whether new proceedings amounted to an abuse of process. It was not an abuse to commence proceedings based upon an earlier judgment. Though the second set of proceedings might be unnecessary, they were not an abuse.
Limitation Act 1980 24
1 Cites

1 Citers

[ Bailii ]
 
Habib Bank Ltd v Liverpool Freeport (Electronics) Ltd and others [2004] EWCA Civ 1062
29 Jul 2004
CA
Lord Justice Laws Lord Phillips Of Worth Matravers, Mr Lord Justice Thomas
Banking

[ Bailii ]
 
Saudi Arabian Monetary Agency v Dresdner Bank Ag [2004] EWCA Civ 1074
30 Jul 2004
CA

Banking

[ Bailii ]
 
Mahonia Limited v JP Morgan Chase Bankwest Lb Ag [2004] EWHC 1938 (Comm)
3 Aug 2004
QBD
Cooke The Honourable Mr Justice Cooke
Banking
The Claimant claimed on a letter of credit issued by the Defendant on behalf of Enron Ltd, who asserted it was not liable to pay there having been unlawful behaviour by Enron Ltd. Swap agreements had been entered into, and the defendant said the claimant was in effect a shell company. The bank would not have accepted them as able to support the risks if they had been told of the position, and accounts were misleading through the removal of balances by non-standard accounting practices. Held: The accounting practices were not improper. It is necessary for any unlawfulness to be actionable at the suit of the victim against at least one of the co-conspirators. The defendant could not make good its claim of a conspiracy. The claims under the guarantees could proceed.
1 Cites

1 Citers

[ Bailii ]
 
Baksh General Wholesalers Limited v Republic Bank Limited [2004] UKPC 46
6 Oct 2004
PC
Lord Bingham of Cornhill, Lord Clyde, Lord Scott of Foscote, Lord Rodger of Earlsferry, Lord Walker of Gestingthorpe
Banking, Land, Commonwealth
(Trinidad and Tobago)
PC Trinidad and Tobago
[ Bailii ] - [ PC ]
 
Habib Bank Ltd v Dawood [2004] EWCA Civ 1346
7 Oct 2004
CA

Banking

1 Cites

1 Citers

[ Bailii ]
 
Marketmaker Beijing Co Ltd and others v CMC Group Plc and others [2004] EWHC 2208 (QB)
8 Oct 2004
QBD
Stanley Burnton J
Banking, Litigation Practice
Interim injunctions had been obtained to prevent the defendants carrying out certain banking transactions. Held: The remedy sought and the claim was extravagant and unlikely to succeed. The injunctions should be discharged. It was not at all clear that the information sought to be protected was confidential according to the evidence, and an injunction was not required to protect documentation pending any trial.
1 Cites

1 Citers

[ Bailii ]

 
 Thomas Cook (New Zealand) Limited v Inland Revenue; PC 10-Nov-2004 - [2004] UKPC 53
 
Office of Fair Trading v Lloyds TSB Bank Plc and others [2004] EWHC 2600 (Comm); [2005] 1 All ER 843; [2005] 1 All ER (Comm) 354
12 Nov 2004
ComC
Gloster J
Consumer, Banking
The OFT failed in its attempt to make the defendant credit card company liable under the 1974 Act for purchases abroad.
Consumer Credit Act 1974 75
1 Citers

[ Bailii ]
 
Compagnie Noga D'Importation Et D'Exportation Sa v Australia and New Zealand Banking Group Ltd and others [2004] EWHC 2601 (Comm)
18 Nov 2004
ComC
Mr Justice Langley
Banking, Litigation Practice

1 Cites

1 Citers

[ Bailii ]
 
Customs and Excise v Barclays Bank Plc [2004] EWCA Civ 1555; [2005] 1 WLR 2082
22 Nov 2004
CA
Lord Justice Peter Gibson Lord Justice Longmore Mr Justice Lindsay
Litigation Practice, Banking, Negligence
The claimant had obtained judgment against customers of the defendant, and then freezing orders for the accounts. The defendants inadvertently or negligently allowed sums to be transferred from the accounts. The claimants sought repayment by the bank. Held: The bank was liable. "a duty ought to be imposed on the Bank, towards claimants who have obtained a freezing order, to take care that funds of a person whose account has been frozen pursuant to that order should not be dissipated in breach of that order. I would not be deterred by the apparent absence of any express or deliberate assumption of responsibility on the part of the Bank since I would hold that the law ought to decide that such responsibility should be imposed and that that, in accordance with Phelps, is sufficient. I do not believe that the absence of an express assumption of responsibility should be fatal to the conclusion reached by relying on the first approach. I further conclude, applying the third (incremental) approach, that the imposition of such a duty of care is not to impose on banks liabilities different in kind from the sort of liabilities to which banks have become used at the hands of their customers and others for many years."
1 Cites

1 Citers

[ Bailii ]
 
Commerzbank Aktiengesellschaft v Imb Morgan Plc and others [2004] EWHC 2771 (Ch)
30 Nov 2004
ChD
Mr Justice Collins
Banking
Correspondent banking accounts
[ Bailii ]
 
Sirius International Insurance Company (Publ) v FAI General Insurance Limited and others [2004] UKHL 54; Times, 03 December 2004; [2004] 1 WLR 3251; [2005] 1 All ER 191
2 Dec 2004
HL
Lord Bingham of Cornhill, Lord Nicholls of Birkenhead, Lord Steyn, Lord Walker of Gestingthorpe, Lord Brown of Eaton-under-Heywood
Banking, Contract, Insurance
The appellant had taken certain insurance risks on behalf of the respondents, subject to banking indemnities. Disputes arose and were settled under a Tomlin order, which was now itself subject to challenge. Held: The appeal was allowed. The agreement was intended to put the arbitration behind the parties. A commercial contract should be interpreted in a way which reflected its commercial purpose, and a literal approach to interpretation was no longer appropriate.
Lord Steyn said: "The settlement contained in the Tomlin Order must be construed as a commercial instrument."
. . And "The aim of the inquiry was not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language.
The inquiry was objective; the question being what a reasonable person in the parties’ position would have understood the parties to have meant by the use of the specific language”
. . and "There has been a shift from literal methods of interpretation towards a more commercial approach." A settlement contained in a Tomlin Order must be construed as a commercial instrument."
Lord Steyn: "The aim of the enquiry is not to probe the real intentions of the parties but to ascertain the contextual meaning of the relevant contractual language. The enquiry is objective: the question is what a reasonable person, circumstanced as the parties were, would have understood the parties to have meant by use of specific language. The answer to that question is to be gathered from the text under consideration and its relevant contextual scene."
1 Cites

1 Citers

[ House of Lords ] - [ Bailii ]
 
Grace Francis v Barclays Bank Plc [2004] EWHC 2787 (Ch)
7 Dec 2004
ChD
The Hon Mr Justice Rattee
Land, Banking, Insolvency


 
Copyright 2014 David Swarbrick, 10 Halifax Road, Brighouse, West Yorkshire HD6 2AG.