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: 2000 To: 2000
This page lists 34 cases, and was prepared on 03 April 2018.
Homes v Smith (2000) Lloyds Law Rep (Banking) 139)
2000
CA
Woolf L
Banking
Where a cheque is offered in payment it amounts to a conditional payment of the amount of the cheque which, if accepted, operates as a conditional payment from the time when the cheque was delivered.
1 Cites
1 Citers
Barclays Bank Plc v Coleman and Others Times, 05 January 2000; Gazette, 20 January 2000; [2001] QB 20
5 Jan 2000
CA
Nourse LJ
Undue Influence, Banking
It is still the case that a claimant, arguing for a charge to be set aside for undue influence must show some manifest and clear disadvantage arising from the charge. This may be subject to change in the future, but still applies now. A document required to be executed before an independent solicitor, but witnessed by a legal executive with the authority of his solicitor employer was properly executed and counted as having been given under such independent advice.
1 Cites
1 Citers
Skipton Building Society v Bratley and another; CA 12-Jan-2000 - Times, 12 January 2000
Global Financial Recoveries Ltd v Jones Gazette, 13 January 2000; Times, 23 February 2000; [2000] BPIR 1029
13 Jan 2000
ChD
Limitation, Land, Banking, Limitation
The defendant entered into a mortgage loan. The property was repossessed and he faced an action for recovery of the shortfall. It was argued that the claim was out of time after six years. The court held that the debt remained a specialty debt and the twelve year period applied, but nevertheless, the actual claimant claimed under an assignment which had assigned only the personal element of the debt, but not the benefit of the covenant within the mortgage deed. An assignment of the debt alone operated to assign that debt, and not the right given under the mortgage, and so a claim under the assignment was limited as under contract.
Limitation Act 1980
1 Citers
Kitchen and Kitchen v HSCB Bank Plc [2000] EWCA Civ 12
25 Jan 2000
CA
Banking
[ Bailii ]
Royal Bank of Scotland Plc v Wallace International Ltd [2000] EWCA Civ 16
27 Jan 2000
CA
Morritt, May LJJ, Wall J
Banking
[ Bailii ]
Raiffeisen Zentralbank Osterreich Ag v Cross-Seas Shipping Ltd and Others; CA 1-Feb-2000 - Times, 01 February 2000; [2000] 1 WLR 1135; [2000] 3 All ER 274; [2000] 1 All ER (Comm) 76; [2000] LLoyd's Rep Bank 108; [2000] CLC 533
Director of Public Prosecutions v Scarlett; CACD 7-Feb-2000 - Times, 07 February 2000
Struggles and others v Lloyds TSB plc Gazette, 10 February 2000
10 Feb 2000
TCC
Land, Banking
A mineral quarry was repossessed under a mortgage and attempts were made to sell it. A claim that it had been sold at an undervalue was defeated. The valuation of such an asset was to make allowance for capitalisation of the income stream from mineral royalties. The sale of the property had been delayed long enough to allow a proper valuation, and a further sale would have put the bank at risk of other allegations. The bank had obtained the best price reasonably obtainable.
Rank Enterprises Ltd and Others v Gerard Gazette, 10 February 2000; Times, 28 February 2000
10 Feb 2000
CA
Transport, Banking
Contracts for the sale of ships were supported by bonds guaranteeing their freedom for delivery. Events arose which affected the ships but for which the sellers were not themselves responsible. The guarantee was intended to operate to protect the buyer against any claim arising before delivery, and was not restricted to events which lay at the door of the vendor.
Australia and New Zealand Banking Group Ltd and Societe Generale [2000] EWCA Civ 44
17 Feb 2000
CA
Banking
[ Bailii ]
Banco Santander S A v Banque Paribas [2000] EWCA Civ 57
25 Feb 2000
CA
Banking
[ Bailii ]
Mortgage Corporation Ltd v Shaire and Another Gazette, 16 March 2000; Times, 21 March 2000; [2000] 1 FLR 973; [2001] Ch 743; [2000] EWHC Ch 452
25 Feb 2000
ChD
Neuberger J
Land, Banking, Trusts
The claimant had an equitable charge over the property, and sought a possession order after failures to keep up repayments. The order was sought under the Act, and the claimants asserted that the conditions for the grant of possession were unchanged. Held: Parliament had clearly intended a change. The interests of a chargee ranked alongside those of, for example, children living in the house. This might act to the detriment of banks, and the old authorities, whilst not entirely irrelevant, should be viewed with caution. Where the parties have reached a consensus on the beneficial interests in the property, the court will give effect to it, unless there is very good reason for not doing so, such as a subsequent renegotiation.
Trusts of Land and Appointment of Trustees Act 1996 14 15 - Law of Property Act 1925 30
1 Citers
[ Bailii ]
National Westminster Bank Plc v Kostopoulos and Another; CA 2-Mar-2000 - Times, 02 March 2000
Regina v Common Professional Examination Board, Ex Parte Mealing-Mcclead Times, 02 May 2000; [2000] EWCA Civ 138
19 Apr 2000
CA
Costs, Legal Professions, Banking
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.
1 Cites
1 Citers
[ Bailii ]
Hall; John Sidney Hall; Richard Delaney Hall and Dorothy Hilda Mann v The Governor and Company of the Bank of England [2000] EWCA Civ 140
19 Apr 2000
CA
Banking
[ Bailii ]
Barings Plc and Others v Coopers and Lybrand and Others; CA 5-May-2000 - Times, 17 May 2000; [2000] Lloyd's Rep Bank 225 ; [2000] 1 WLR 2353; [2000] 3 All ER 910
Barings Plc and Ors v Co Lybrand and Ors [2000] Lloyd's Rep Bank 225; [2000] EWCA Civ 148; [2000] 1 WLR 2353; [2000] 3 All ER 910
5 May 2000
CA
Lord Woolf MR, Robert Walker LJ, Smith J
Banking, Litigation Practice
Appeal from decision that declared that the transcripts of certain interviews carried out on behalf of the Board of Banking Supervision in the course of an investigation into the collapse of the Barings Group were and still are subject to the restriction on disclosure contained in Part V of the Banking Act 1987
Banking Act 1987
[ Bailii ]
Crantrave Ltd (In Liquidation) v Lloyd's Bank Plc; CA 18-May-2000 - Times, 24 April 2000; Gazette, 18 May 2000; [2000] EWCA Civ 127; [2000] QB 917; [2000] 4 All ER 473; [2000] 3 WLR 877
Collins, Etridge; Gonzalez v Union Bank of Switzerland Barclays Bank Plc Richard Caplan and Co (a Firm) St Georges Street Trustees Limited St James's Trustees Limited; CA 25-May-2000 - [2000] EWCA Civ 176
Shanning International Limited (In Liquidation) v Lloyds TSB Bank Plc (Formerly Lloyds Bank Plc) Part 20 and Rasheed Bank and Sbg Holdings Limited Part 20 [2000] EWCA Civ 177; [2000] 3 CMLR 450
25 May 2000
CA
Tuckey LJ
Banking
1 Cites
1 Citers
[ Bailii ]
Isabella Doris Briggs Or Broadway v Clydesdale Bank Plc; OHCS 26-May-2000 - Times, 12 September 2000; [2000] ScotCS 138
Ashton and Another v Securum Finance Ltd Times, 05 July 2000; Gazette, 06 July 2000; [2000] EWCA Civ 197; [2001] Ch 291; [2000] 3 WLR 1400; [2000] All ER (D) 843
21 Jun 2000
CA
Chadwick LJ, Rattee J
Litigation Practice, Banking
In the new litigation culture it was correct to strike out a second action which fundamentally re-litigated a case which had previously been struck out on the grounds of abuse of process or delay. The court's case management required it to consider whether it was appropriate to expend time on a case. When facing such an application, the court must have regard to the earlier action, and the decisions then taken. Older rules against striking out where and action could be recommenced without difficulty, should be set aside. Here a bank sought to pursue as a speciality debt a debt it had already claimed as a simple contract debt.
Chadwick LJ said: "For my part, I think that the time has come for this court to hold that the "change of culture" which has taken place in the last three years�and, in particular, the advent of the Civil Procedure Rules�has led to a position in which it is no longer open to a litigant whose action has been struck out on the grounds of inordinate and inexcusable delay to rely on the principle that a second action commenced within the limitation period will not be struck out save in exceptional cases. The position, now, is that the court must address the application to strike out the second action with the overriding objective of the Civil Procedure Rules in mind�and must consider whether the claimant's wish to have "a second bite at the cherry" outweighs the need to allot its own limited resources to other cases."
1 Cites
1 Citers
[ Bailii ]
The Bank v A Ltd, Mr B, C Ltd, Serious Fraud Office interested party
23 Jun 2000
ChD
Criminal Practice, Banking
Regina v Inland Revenue Commissioners Ex Parte Banque Internationale a Luxembourg Sa Gazette, 06 July 2000; [2000] EWHC Admin 360
23 Jun 2000
Admn
Corporation Tax, Human Rights, Banking
The commissioners obtained court orders directing the applicant bank to disclose confidential information in their possession. The bank resisted on the ground that the demand breached their rights to confidentiality and to privacy. Although the orders did infringe the Bank's article 8 rights, the notices were valid because the interference was justified under article 8(2). The notices were served in accordance with law, and were justified in pursuit of a legitimate aim and necessary in a democratic system for protecting the taxation system.
European Convention on Human Rights 8 - Taxes Management Act 1970 - Income and Corporation Taxes Act 1988
[ Bailii ]
Regina v Special Commissioners of Income Tax, Ex Parte Inland Revenue Commissioners; R v Inland Times, 27 June 2000
27 Jun 2000
CA
Banking, Taxes Management
An application to the commissioner for special authority and consent to inspect bank accounts could be signed by an officer having that authority; for these purposes there was no need to distinguish between an order and a decision and might be oral. A decision refusing such an application on the grounds that it was not signed by the Board was incorrect, and there should be no need to renew the application.
Taxes Management Act 1970 20(8A)
Safa Ltd v Banque Du Caire [2000] EWCA Civ 221; [2000] 2 Lloyd's Rep 600
20 Jul 2000
CA
Waller LJ, Schiemann and Hale LJJ
Banking
Safa claimed summary judgment as assignee of letters of credit opened by the bank. It was established by concession, and decision for the purposes of the summary judgment application, that even if payment was due under the letters of credit, the bank would have been entitled to immediate reimbursement by the beneficiary and assignor of the liquidated sum payable under the letters of credit. The right to reimbursement would necessarily have been contingent on actual payment. Held: For the purposes of the appeal against the refusal of summary judgment, a defence of set-off would be available.
1 Citers
[ Bailii ]
Roger Smith and Christopher Timothy Esmond Hayward and Lloyds Bank TSB; Harvey Jones Ltd and Woolwich Plc Times, 06 September 2000; Gazette, 21 September 2000; [2000] EWCA Civ 240
27 Jul 2000
CA
Banking, Torts - Other
Where a cheque has been altered fraudulently to change the name of the payee, the piece of paper ceases to be a cheque, and an action for conversion against the paying or collecting bank will stand only as to the nominal value of the paper, and not as to the face value. The material alteration was done without the consent of anyone but the party carrying out the fraud, and, under the Act the bill is avoided save against a party making or consenting to the alteration.
Bills of Exchange Act 1882 64
[ Bailii ]
Alliance and Leicester Plc v Slayford and Another; CA 12-Oct-2000 - Gazette, 26 October 2000; Times, 19 December 2000; [2000] EWCA Civ 257
Barbara Ann Leggatt v National Westminster Bank Plc Times, 16 November 2000; Gazette, 02 November 2000; [2001] 1 FLR 563; [2000] EWCA Civ 261
19 Oct 2000
CA
Banking, Undue Influence
Where a wife executed a charge over a jointly owned property to secure her joint debts, and then seventeen years later executed a replacement charge to secure borrowings of the husband and she had received independent advice, she could not assert that the bank was fixed with notice of the undue influence of her husband. In any event the new charge was not on its face disadvantageous to her. If the new charge had not been executed the business would have failed, and she would have been caught by the earlier charge in any event.
1 Citers
[ Bailii ]
Bank of Ireland v Hollicourt (Contracts) Limited Times, 01 November 2000; Gazette, 23 November 2000; [2000] EWCA Civ 263
20 Oct 2000
CA
Insolvency, Banking
A bank continued to pay on cheques presented to it against the company's bank account even after the presentation of a petition for bankruptcy. The liquidator sought recovery of the amounts paid from the bank as well as the payees. It was held that the legislation made the disposition void, but that did not operate in the way claimed. The company had already by making out the cheques ordered its bank as agent to pay on them, and the bank had no beneficial interest it could dispose of. These need not be affected by whether the account was in credit. The automatic retrospective avoidance was limited by the terms of the section its purpose.
Insolvency Act 1986 127
1 Cites
1 Citers
[ Bailii ]
Morris v Banque Arab et Internationale D'Investissment SA (No 2); ChD 26-Oct-2000 - Times, 26 October 2000; Gazette, 02 November 2000
First National Bank Plc v Walker and Another; CA 23-Nov-2000 - Times, 13 February 2001; [2000] EWCA Civ 3015; [2001] 1 FCR 21; [2001] 1 FLR 505; [2001] Fam Law 182
Surrey Asset Finance Ltd v National Westminster Bank plc; QBD 30-Nov-2000 - Times, 30 November 2000
