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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 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 cu ... [...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 Courts of England and Wales#Senior Courts of England and Wales, 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 Lord Chief Justice of England and Wales, Lord Chief Justice and the Master of the Rolls, Master of the Rolls and Records of the Chancery of England 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 (England and Wales), County Court, High Court of Justice and Family Court (England and Wales ... [...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 the US. 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 consideration only if one is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Unjust Enrichment Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Banking Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Englis ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Mitchell (professor)
Charles Christopher James Mitchell KC ( Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of 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. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable Dr Charlotte Lennox-Boyd, daughter of Simon Lennox-Boyd, 2nd Viscount Boyd of Merton and the former Alice Clive. Dr Charlotte Mitchell is Honorary Senior Lecturer at UCL's Department of Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sweet & Maxwell
Sweet & Maxwell is a British publisher specialising in legal publications. It joined the Associated Book Publishers in 1969; ABP was purchased by the International Thomson Organization in 1987, and is now part of Thomson Reuters. Its British and Irish group includes W. Green in Scotland and Round Hall in Ireland. Sweet & Maxwell publishes Westlaw-UK, as well as the Lawtel, LocalawUK, Legal Hub, and DocDel on-line services. It also published many well-regarded looseleafs and books. Its flagship print products include the ''White Book'' (publishing the Civil Procedure Rules 1998, along with extensive commentary and additional material) and '' Archbold Criminal Pleading, Evidence and Practice'' (the leading practitioners' text for criminal lawyers in England & Wales and several other common law jurisdictions around the world). In 2003, its Asia division (with headquarters in Hong Kong, Malaysia, and Singapore) won the contract to supply law books to the Hong Kong government. Swe ... [...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 Steven ... [...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 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 inequitable to compel him or her to make restitution. The defence was recognised as part of the English law of unjust enrichment by Lord Goff in ''Lipkin Gorman v Karpnale Ltd'' 9912 AC 548. Cases & Materials *'' Ministry of Health v Simpson'' 951AC 251, affirm ... [...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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Gibson
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 is currently 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. He was called to the Bar by the Inner Temple in 1960, and 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 in 1984, and, from 1990 to 1992, as Chairman of the Law Commission for England and Wales. From 1993 until 2005, he was a Lord Justice of Appeal of the Court of Appeal of England and Wales. In 2006, he was made Intelligen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Goff, Baron Goff Of Chieveley
Robert Lionel Archibald Goff, Baron Goff of Chieveley, (12 November 1926 – 14 August 2016) was an English barrister and judge who was Senior Lord of Appeal in Ordinary, the equivalent of today's President of the Supreme Court. Best known for establishing 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 raised in Hampshire, England. He obtained a place at New College, Oxford, but was called up in December 1944 and served in the Scots Guards in Italy until going to Oxford in October 1948. He earned a fir ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Charles Mitchell (academic)
Charles Christopher James Mitchell KC ( Hon) (born 14 May 1965) is a British legal scholar acknowledged as one of the leading common-law experts on the English law of restitution of 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. Mitchell was also previously general editor of the ''King's Law Journal''. Personal life In April 1992, Mitchell married The Honourable Dr Charlotte Lennox-Boyd, daughter of Simon Lennox-Boyd, 2nd Viscount Boyd of Merton and the former Alice Clive. Dr Charlotte Mitchell is Honorary Senior Lecturer at UCL's Department of Eng ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
