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Lloyds Bank Plc V Independent Insurance Co Ltd
was a decision of the Court of Appeal relating to the recovery of a payment made by a bank on the mistaken belief that the customer had sufficient cleared funds in the account. Facts Lloyds Bank were requested by their customer to make an electronic transfer of funds to the Independent Insurance Co Ltd. The bank mistakenly believed that a recent deposit into the customer's account had cleared, and on that basis made the requested transfer. In fact the relevant deposit had not cleared (and did not clear), and the bank accordingly sought to recover the payment from the payee on the basis that it was made under a mistake of fact. Judgment Applying the decision of Robert Goff J in '' Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677 the Court of Appeal refused to order restitution of the sums paid. Because the payment was within the customer's mandate it was a duly authorised payment on behalf of the customer. Accordingly, the payment discharged the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Appeal Of England And Wales
The Court of Appeal (formally "His Majesty's Court of Appeal in England", commonly cited as "CA", "EWCA" or "CoA") is the highest court within the Senior Courts of England and Wales, and second in the legal system of England and Wales only to the Supreme Court of the United Kingdom. The Court of Appeal was created in 1875, and today comprises 39 Lord Justices of Appeal and Lady Justices of Appeal. The court has two divisions, Criminal and Civil, led by the Lady Chief Justice and the Master of the Rolls respectively. Criminal appeals are heard in the Criminal Division, and civil appeals in the Civil Division. The Criminal Division hears appeals from the Crown Court, while the Civil Division hears appeals from the County Court, High Court of Justice and Family Court. Permission to appeal is normally required from either the lower court or the Court of Appeal itself; and with permission, further appeal may lie to the Supreme Court. Its decisions are binding on all courts, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Gibson (judge)
Sir Peter Leslie Gibson (born 10 June 1934), is a former British barrister and Lord Justice of Appeal of the Court of Appeal of England and Wales, and was a judge of the Qatar International Court. Gibson has also served, between April 2006 and December 2010, as the UK's Intelligence Services Commissioner, and was appointed by David Cameron in July 2010 to lead the Detainee Inquiry. He is an honorary member of the Society of Legal Scholars. Education and career Gibson was educated at Malvern College and graduated from Worcester College, Oxford of which he was an open scholar and he is an Honorary Fellow. He was called to the Bar by the Inner Temple in 1960 and was appointed the Chancery Treasury Counsel in 1972. He joined ad eundem Lincoln's Inn of which he became a Bencher in 1975 and the Treasurer in 1996. He was knighted and appointed to the High Court of Justice in 1981, serving in the Chancery Division. He served as a judge of the Employment Appeal Tribunal from 1984 to 1986 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mathew Thorpe
Sir Mathew Alexander Thorpe (born 30 July 1938) is a retired Lord Justice of Appeal, who served as one of the judges of the Court of Appeal of England and Wales from 1995 to 2013. Education Thorpe was educated at Stowe School and Balliol College, Oxford. Legal career Thorpe was called to the bar (Inner Temple) in 1961 and was appointed a Queen's Counsel in 1980. He was appointed a Recorder in 1982. He was appointed a High Court judge on 11 April 1988, assigned to the Family Division, and received the customary knighthood. He was appointed a Lord Justice of Appeal on 2 October 1995. Thorpe was appointed Deputy Head of Family Justice and Head of International Justice in January 2005. He retired on 31 July 2013 Jurisprudence He has presided over a number of important cases which have influenced the evolution of family law. He is regarded as a traditionalist in respect of parenting role but as a reactionary by his detractors. 1. Roles of men and women ''Re: S (Children) 002EW ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark Waller (judge)
Sir George Mark Waller PC (born 13 October 1940) is a former Lord Justice of Appeal who served as the Vice-President of the Civil Division of the Court of Appeal of England and Wales. The son of the Rt Hon Sir George Waller, he was educated at Oundle School and read law at King's College, Durham (now Newcastle University) before being called to the Bar in 1964 and is a Bencher at Gray's Inn. He became a Queen's Counsel in 1979, and was served as a Recorder from 1986 to 1989. He was appointed to the Queen's Bench Division of the High Court of Justice on 25 May 1989, being awarded the customary knighthood, and served until 1996. He was Presiding Judge of the North Eastern Circuit from 1992 to 1995. He was appointed to the Court of Appeal on 1 October 1996, and appointed a Privy Counsellor at that time. He served as Chairman of the Judicial Studies Board from 1999 to 2003, and has served as President of the Council of Inns of Court and the Bar since 2003. He was Vice-President of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment Law
The English law of unjust enrichment is part of the English law of obligations, along with the law of contract, tort, and trusts. The law of unjust enrichment deals with circumstances in which one person is required to make restitution of a benefit acquired at the expense of another in circumstances which are unjust. The modern law of unjust enrichment encompasses what was once known as the law of quasi-contract. Its precise scope remains a matter of controversy. Beyond quasi-contract, it is sometimes said to encompass the law relating to subrogation, contribution, recoupment, and claims to the traceable substitutes of misapplied property. English courts have recognised that there are four steps required to establish a claim in unjust enrichment. If the following elements are satisfied, a claimant has a prima facie right to restitution: # the defendant has been ''enriched''; # this enrichment is ''at the claimant's expense''; # this enrichment at the claimant's expense is ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lloyds Bank
Lloyds Bank plc is a major British retail banking, retail and commercial bank with a significant presence across England and Wales. It has traditionally been regarded one of the "Big Four (banking)#England and Wales, Big Four" clearing house (finance), clearing banks. Established in Birmingham in 1765, Lloyds Bank expanded considerably during the 19th and 20th centuries, acquiring several smaller banks along the way. It merged with the Trustee Savings Bank in 1995 and operated as Lloyds TSB Bank plc from 1999 to 2013. In January 2009, it became a key subsidiary of Lloyds Banking Group following the acquisition of HBOS by Lloyds TSB Group. The bank's operational headquarters are in London, with additional offices in Wales and Scotland, and it also manages office complexes, brand headquarters, and data centres in Birmingham, Yorkshire, Leeds, Sheffield, Halifax, West Yorkshire, Halifax, and Wolverhampton. History Origins The origins of Lloyds Bank date from 1765, when button ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Mitchell (academic)
Charles Christopher James Mitchell Queen's Counsel, KC (Queen's Counsel#Queen's Counsel (honoris causa), Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common law, common-law experts on the English law of law of restitution, restitution of unjust enrichment in English law, unjust enrichment and the law of trusts. He is the author of two leading textbooks and one practitioner's book. He is currently Professor of Law at University College London and Senior Associate Research Fellow at the Institute of Advanced Legal Studies. Career Mitchell completed his PhD at University College London and was supervised by Peter Birks. Until 2008 he worked at King's College London, before spending a year as Professor of Property Law at Jesus College, Oxford, Jesus College, Oxford University, Oxford. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable PhD, Dr Charlotte Lennox ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, , Queen's Counsel, QC (12 November 1926 – 14 August 2016) was an English Barristers in England and Wales, barrister and judge who was Lords of Appeal in Ordinary#Senior and Second Senior Law Lord, Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court of the United Kingdom, President of the Supreme Court. Best known for establishing English unjust enrichment law, unjust enrichment as a branch of English law, he has been described by Andrew Burrows as "the greatest judge of modern times". Goff was the original co-author of ''Goff & Jones'', the leading English law textbook on restitution and unjust enrichment, first published in 1966. He practised as a commercial barrister from 1951 to 1975, following which he began his career as a judge. He was appointed to the Judicial Committee of the House of Lords in 1986. Goff was born in his mother's family home in Perthshire, Scotland, and was ra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barclays Bank Ltd V W J Simms, Son And Cooke (Southern) Ltd
''Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677, 9793 All ER 522 was a decision of the High Court of Justice relating to the recovery of a payment mistakenly made by a bank after the customer had countermanded the cheque. The decision is important not only for the specific point in issue, but it also was one of the earlier cases in relation to the modern development of the English law of restitution in relation to payments made under mistake of fact and the defence of change of position. One commentator has gone so far as to say: "the decision of Robert Goff J in ''Barclays Bank v Simms'' should be considered to be the ''Donoghue v Stevenson'' of restitution for mistake." Facts The Royal British Legion Housing Association Ltd (called the "Association" in the judgment) was a customer of Barclays Bank. The Association had entered into a standard form building contract with W J Simms (called the "Company" in the judgment) for building works in the am ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration In English Law
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed). The concept of consideration has been adopted by other common law jurisdictions, including in the United States. Consideration can be anything of value (such as any goods, money, services, or promises of any of these), which each party gives as a quid pro quo to support their side of the bargain. Mutual promises constitute consideration for each other. If only one party offers consideration, the agreement is a "bare promise" and is unenforceable. Value According to ''Currie v Misa'', consideration for a particular promise exists where some ''right'', ''interest'', ''profit'' or ''benefit'' accrues (''or will accrue'') to the promisor as a direct result of some ''forbearance'', ''detriment'', ''loss'' or ''responsibility'' that has been given, suffered or undertaken by the promisee. Forbearance to act amounts to consideratio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Change Of Position
Change of position is a defence to a claim in unjust enrichment which operates to reduce a defendant's liability to the extent to which his or her circumstances have changed as a consequence of an enrichment. History The historical core of the law of unjust enrichment consists of the quasi-contractual actions of money had and received, money paid to the defendant's use, quantum meruit and quantum valebat. These personal common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ... actions generated an obligation on the part of the defendant to give restitution of a gain acquired at the expense of the plaintiff. This liability was strict and independent of any wrongdoing on the part of the recipient. Change of position provides a defence to a defendant where it would be inequ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goff & Jones
''Goff and Jones on the Law of Unjust Enrichment'' (formerly ''Goff and Jones on the Law of Restitution'', usually simply abbreviated to ''Goff & Jones'') is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition. It is published by Sweet & Maxwell and forms part of the Common Law Library. As a textbook it is somewhat remarkable in that although the first edition was published in 1966, it was not until 1991 (25 years later) that the House of Lords formally recognised unjust enrichment as a separate branch of jurisprudence. It is notable that a number of the key decisions in the field have been handed down by Lord Goff, and often reflect the analysis which has previously expressed academically in ''Goff & Jones''. For example, Goff's judgment in '' Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd'' 9801 QB 677 was described as "the ''Donoghue v Steve ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
