A party was required to pay money into court before pursuing an appeal. She borrowed money for this purpose but on the express condition that it should be used for this purpose only and was not to become part of her general assets. The money was paid into court, but the appeal was compromised in her favour. The judge ordered payment out to her opponent, to satisfy earlier unsatisfied costs orders. Her request for leave to appeal succeeded. The trust was as between her and the bank, and no need of others being notified arose. As trustee for the bank, she had a duty to act to recover it, and so had locus standi.
Citations:
Times 02-May-2000, [2000] EWCA Civ 138
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Regina v Common Professional Examination Board ex parte Sally Mealing-Mcleod Admn 4-Nov-1997
The claimant challenged decisions taken as to the extension of time to allow her to pass the Common Professional Examination to become a member of the Bar. An application had some time before made for an oder under the 1981 Act. There was no taint . .
See Also – Regina v ex parte Mealing-Mcleod CA 18-Feb-1999
Formal order acknowledging settlement in favour of the applicant. . .
See Also – Regina v Common Professional Examination Board (ex parte Sally Mealing Mcleod) Admn 19-Apr-1999
. .
See Also – Regina v Common Professional Examination Board ex parte Mealing-Mcleod CA 21-Apr-1999
. .
Appeal from – Mcleod v Common Professional Examination Board SCCO 13-Mar-2000
. .
Cited – Barclays Bank Ltd v Quistclose Investments Ltd; etc HL 31-Oct-1968
R Ltd were in serious financial difficulties. The company’s overdraft with the appellant bank was almost twice its permitted limit. The company sought a loan of 1 million pounds from a financier, who was willing to lend the company that sum provided . .
Cited – Johnson v Valks CA 23-Nov-1999
A person requiring leave to issue proceedings as a vexatious litigant, had also to obtain leave again before entering an appeal to the Court of Appeal. The entering of an appeal is either the institution of new proceedings, or an application . .
Cited – Brereton v Edwards 1888
Money in the control of the Court may be the subject of execution with the leave of the Court. The Judgments Acts did not apply to money held in Court. Lord Esher MR said: ‘section 14 does not apply to money . . it applies only to Government stock, . .
Cited – In re Prior CA 1921
The court considered its equitable powers over funds it held as security. The court ordered equitable execution. . .
Cited – Barclays Bank Ltd v Quistclose Investments Ltd; etc HL 31-Oct-1968
R Ltd were in serious financial difficulties. The company’s overdraft with the appellant bank was almost twice its permitted limit. The company sought a loan of 1 million pounds from a financier, who was willing to lend the company that sum provided . .
Cited – London County Council v Monks 1958
Danckwerts J considered the powers of the court over money paid in as security: ‘The real basis of those cases seems . . to be that where the court has the fund under its own control, as in the case of a fund standing to the credit to some account . .
Cited by:
Cited – Kris Motor Spares Ltd v Fox Williams Llp QBD 12-May-2010
The claimant sought to challenge the After the Event Insurance (ATE) bought by its solicitors late in the day in their claim, before then withdrawing the conditional fee agreement. The premium was over andpound;90,000.
Held: The appeal failed. . .
Lists of cited by and citing cases may be incomplete.
Costs, Legal Professions, Banking
Updated: 19 May 2022; Ref: scu.85198
