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Singularis Holdings Limited (in Liquidation) V Daiwa Capital Markets Europe Limited
is a judicial decision of Supreme Court of the United Kingdom relating to the duties owed by a bank where a person acting on behalf of a corporate customer of the bank directs the bank to transfer money out of the company's account as part of a fraudulent scheme. The principal issues in the case were whether the bank had breached its duty to its customer by transferring the monies despite the suspicious circumstances surrounding the transfer request, and if so, whether the claim of the customer against the bank was precluded by the fact that the fraudulent acts of the director should be attributed to the customer so as to bar the claim of the customer against the bank. The Supreme Court upheld the decision of the Court of Appeal, which had held that on the facts that the bank had breached the duty to their customer, and the fact that the fraud was perpetrated by a director of the corporate customer did not preclude the claim by that corporate customer against the bank. ''Pra ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of The United Kingdom
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barclays Bank Plc V Quincecare Ltd
''Barclays Bank plc v Quincecare Ltd'' 9924 All ER 363 is a judicial decision of High Court of Justice of England and Wales in relation to the banker-customer relationship, and in particular in connection with the bank's duties in relation to payment instructions from a customer's agent or purported agent which give rise, or ought to give rise, to a suspicion of fraud. Although the decision is cited most frequently in relation to the potential liability of a bank to their customer, in the case itself the bank was a claimant, and the customer and its guarantor were seeking to defend their own liability on the basis of the bank's breach of duty. The decision attracted much comment, and the duty of banks outlined in the decision has come to be referred to as the ''Quincecare'' duty. Although the case was decided in February 1988, it was not subsequently reported in any of the major law reports until 1992, and even then it was reported solely in the All England Law Reports and none ... [...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] |
2019 In United Kingdom Case Law
Nineteen or 19 may refer to: * 19 (number), the natural number following 18 and preceding 20 * one of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (film), a 1987 science fiction film Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle. * "Nineteen", a song by Bad4Good from the 1992 album ''Refugee'' * "Nineteen", a song by Karma to Burn from the 2001 album ''Almost Heathen''. * "Nineteen" (song), a 2007 song by American singer Billy Ray Cyrus. * "Nineteen", a song by Tegan and Sara from the 2007 album '' The Con''. * "XIX" (song), a 2014 song by Slipknot. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Liquidator (law)
In law, a liquidator is the officer appointed when a company goes into winding-up or liquidation who has responsibility for collecting in all of the assets under such circumstances of the company and settling all claims against the company before putting the company into dissolution. Liquidator is a person officially appointed to 'liquidate' a company or firm. Their duty is to ascertain and settle the liabilities of a company or a firm. If there are any surplus, then those are distributed to the contributories. Origins In English law, the term "liquidator" was first used in the Joint Stock Companies Act 1856. Prior to that time, the equivalent role was fulfilled by "official managers" pursuant to the amendments to the Joint Stock Companies Winding-Up Act 1844 passed in 1848 - 1849. Powers In most jurisdictions, a liquidator's powers are defined by statute. Certain powers are generally exercisable without the requirement of any approvals; others may require sanction, either by t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Hobhouse, Baron Hobhouse Of Woodborough
John Stewart Hobhouse, Baron Hobhouse of Woodborough, Privy Council of the United Kingdom, PC (31 January 1932 – 15 March 2004) was a British judge and Law Lord, law lord. Hobhouse was born in Mossley Hill, Liverpool, the son of the shipowner Sir John Richard Hobhouse, and grandson of Henry Hobhouse (East Somerset MP), Henry Hobhouse, the MP. He was educated at Eton College. After working abroad in Australia and New Zealand on a sheep farm, Hobhouse returned to Christ Church, Oxford in 1951, where he read Jurisprudence. He was called to the bar by Inner Temple in 1955, of which he later became a bencher. Following a pupillage with Michael Kerr (judge), Michael Kerr, Hobhouse became a tenant at 7 King's Bench Walk, the chambers of Henry Brandon, Baron Brandon of Oakbrook, Henry Brandon, and joined the Northern Circuit. At the bar he specialised in admiralty law. He was appointed a Queen's Counsel in 1973. Hobhouse was made a High Court judge (England and Wales), High Court jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Toulson, Lord Toulson
Roger Grenfell Toulson, Lord Toulson, PC (23 September 1946 – 27 June 2017) was a British lawyer and judge who served as a Justice of the Supreme Court of the United Kingdom. Education He was educated at Mill Hill School, to which he won the top scholarship for his year and was one of the most talented pupils, taking 'O' levels at 13, 'A' levels in Greek, Latin and Ancient History at 15, and breaking the school record for the mile at 16, at which age he left to go to Jesus College, Cambridge (MA, LLB), of which he later became an honorary fellow, before being called to the Bar by the Inner Temple in 1969. Career He joined the Western Circuit in 1970, and became a Queen's Counsel in 1986. In 1996 he became a judge of the High Court of Justice, sitting in the Queen's Bench Division, receiving the customary knighthood. From 2002 to 2006 he sat as Chairman of the Law Commission of England and Wales. On 29 January 2007, he was promoted to the Court of Appeal, sworn of the Priv ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patel V Mirza
is an English contract law case concerning the scope of the illegality principle relating to insider trading under section 52 of the Criminal Justice Act 1993. In 2020, the Supreme Court described this case as having set out a "a significant development in the law relating to illegality at common law". Facts Mr. Patel paid £620,000 to Mr. Mirza pursuant to an agreement under which Mr. Mirza would bet on the price of some shares in Royal Bank of Scotland, on the basis of insider information Mr. Mirza had from his contacts at the bank about a pending government announcement that would affect it. Using advance insider information to profit from trading in securities is an offence under section 52 of the Criminal Justice Act 1993. The scheme did not come to fruition as the expected insider information was mistaken, and Mr. Mirza did not return the funds to Mr. Patel as promised. Thereafter, Mr. Patel brought a claim based on contract and unjust enrichment for the return of £620 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jonathan Sumption, Lord Sumption
Jonathan Philip Chadwick Sumption, Lord Sumption, (born 9 December 1948), is a British author, medieval historian and former senior judge who sat on the Supreme Court of the United Kingdom between 2012 and 2018. Sumption was sworn in as a Justice of the Supreme Court on 11 January 2012, succeeding Lawrence Collins, Baron Collins of Mapesbury. Exceptionally, he was appointed to the Supreme Court directly from the practising Bar, without having been a full-time judge. He retired from the Supreme Court on 9 December 2018 upon reaching the mandatory retirement age of 70. Sumption is well known for his role as a barrister in many legal cases. They include appearances in the Hutton Inquiry on HM Government's behalf, in the Three Rivers case, his representation of former Cabinet Minister Stephen Byers and the Department for Transport in the Railtrack private shareholders' action against the British Government in 2005, for defending HM Government in an appeal hearing brought by Bin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jetivia SA V Bilta (UK) Limited (in Liquidation)
(sometimes referred to as ''Bilta (UK) Limited v Nazir'') is a UK company and insolvency law decision of the Supreme Court of the United Kingdom in relation to (i) the attribution of unlawful acts of a director to the company where the company is the victim of the unlawful act, and (ii) the extent to which liability for fraudulent trading under section 213 of the Insolvency Act 1986 has extraterritorial effect. The Supreme Court held that: # the defence of ''ex turpi causa'' could not operate to prevent a claim brought by the liquidators on behalf of a company against its former directors on the basis that, where the company was essentially the victim of a fraud by the directors, the conduct of the directors would not be attributed to the company and thereby treat the company as a party to the illegality; and # liability for fraudulent trading under the Insolvency Act 1986 had extraterritorial effect. Facts Paragraphs 113 - 116 of the joint opinion of Lord Toulson and Lord H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Supreme Court
The Supreme Court of the United Kingdom (initialism: UKSC or the acronym: SCOTUK) is the final court of appeal in the United Kingdom for all civil cases, and for criminal cases originating in England, Wales and Northern Ireland. As the United Kingdom’s highest appellate court for these matters, it hears cases of the greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster, though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers, the Royal Courts of Justice in Belfast, and the Tŷ Hywel Building in Cardiff. The United Kingdom has a doctrine of parliamentary sovereignty, so the Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries. It cannot overturn any primary legislation made by Parliament. However, as with any court in the UK, it can overturn secondary legislation if, for an examp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Geoffrey Vos
Sir Geoffrey Charles Vos (born 22 April 1955) is a British judge. Since January 2021, he has held the position of Master of the Rolls, the head of civil justice in the court system of England and Wales. Early life Vos was born on 22 April 1955 to Bernard Vos and Pamela Celeste Rose. He was educated at University College School, London and Gonville and Caius College, Cambridge. Career He was called to the bar at Inner Temple in 1977, and took Queen's Counsel, Silk in 1993. He was the Chairman of the Chancery Bar Association from 1999 to 2001 and of the General Council of the Bar, Bar Council in 2007. Judge Between 2005 and 2009 he was a Judge of the Courts of Appeal of Court of Appeal of Jersey, Jersey and Court of Appeal of Guernsey, Guernsey, and a Judge of the Court of Appeal of the Cayman Islands between 2008 and 2009. He sat as a Deputy High Court Judge from 1999 until 2009 and was appointed as a Justice of the High Court, assigned to the Chancery division, in Octob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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