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Smith V Lloyds TSB Group Plc
''Smith v Lloyds TSB Group plc'' 001QB 541 was a decision of the Court of Appeal relating to the liability of a bank where it makes payment upon a fraudulently altered cheque. The case was a co-joined appeal from one High Court action (by Blofeld J, reported at 0001 WLR 1225) and a County Court action (by Judge Hallgarten QC). Facts The claimants in each case were respectively the owners of a non-negotiable cheque and the payee of a banker's draft which were stolen from the claimants and fraudulently and materially altered by the deletion of the original payee's name and the insertion of the name of a third party. The altered instruments were presented to the collecting bank, paid into an account in the name of the third party and cleared. In the first action, the claimants sued the collecting bank in conversion for the face value of the cheque and in the second action, the claimants sued the paying bank in conversion for the face value of the banker's draft. The banks conce ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Smith V Lloyds TSB Bank Plc
was a judicial decision of the English High Court relating to the Data Protection Act 1998. The claimant was seeking data from the bank, and he sought to advance two relatively novel lines of argument. The first was referred to in the case as the "once processed always processed" argument, i.e. that even if the respondent no longer held the data in electronic form, if they once held it in electronic form they are obligated to provide it. The second was that if data was held in a non-electronic form but could readily be turned into electronic form, then it constituted data for the purposes of the act. Both arguments failed. Facts The claimant, Mr Smith, was the former managing director and controlling shareholder of a company called Display Electronics Ltd (referred to in the judgment as "DEL"). At some time in 1988, Mr Smith decided to transfer the banking for DEL from Barclays Bank Plc to Lloyds Bank. At that time DEL owed Barclays over £250,000. An agreement was ent ... [...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 Lord Chief Justice and the 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, 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. The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malcolm Pill
Malcolm, Malcom, Máel Coluim, or Maol Choluim may refer to: People * Malcolm (given name), includes a list of people and fictional characters * Clan Malcolm * Maol Choluim de Innerpeffray, 14th-century bishop-elect of Dunkeld Nobility * Máel Coluim, Earl of Atholl, Mormaer of Atholl between 1153/9 and the 1190s * Máel Coluim, King of Strathclyde, 10th century * Máel Coluim of Moray, Mormaer of Moray 1020–1029 * Máel Coluim (son of the king of the Cumbrians), possible King of Strathclyde or King of Alba around 1054 * Malcolm I of Scotland (died 954), King of Scots * Malcolm II of Scotland, King of Scots from 1005 until his death * Malcolm III of Scotland, King of Scots * Malcolm IV of Scotland, King of Scots * Máel Coluim, Earl of Angus, the fifth attested post 10th-century Mormaer of Angus * Máel Coluim I, Earl of Fife, one of the more obscure Mormaers of Fife * Maol Choluim I, Earl of Lennox, Mormaer * Máel Coluim II, Earl of Fife, Mormaer * Maol Choluim II, Earl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mark Potter (judge)
Sir Mark Howard Potter PC FKC KC (born 27 August 1937) is a retired English judge who was President of the Family Division and Head of Family Justice for England and Wales from 2005 to 2010. Now retired, he remains a Fellow of King's College London. Education A son of Professor Harold Potter, an academic lawyer, Potter attended The Perse School, Cambridge, and then read law at Gonville and Caius College, Cambridge. He is now an Honorary Fellow of Caius. Legal career Potter was called to the bar in 1961 and practised in commercial law in the chambers of Alan Orr QC then at 2, Crown Office Row, later relocated to become Fountain Court Chambers. He took silk in 1980. From 1988 to 1996 he was a judge of the High Court of Justice, Queen's Bench Division and from 1991 to 1994 he was a Presiding Judge on the Northern Circuit. Potter was appointed a Lord Justice of Appeal in 1996 and became President of the Family Division in April 2005. Throughout his judicial career, Potter ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Stuart-Smith
Sir Murray Stuart-Smith, KCMG, PC (born 18 November 1927) is a former English barrister and Appeal Court judge. His 1997 re-examination of Lord Taylor's report into the Hillsborough disaster is seen today as a "debacle". Early life Stuart-Smith was educated at Radley College and at Corpus Christi College, Cambridge. Stuart-Smith was called to the bar by Gray's Inn in 1952 and was made a Bencher 1978. He was appointed Queen's Counsel in 1970, and as judge of the High Court of Justice (Queen's Bench Division) in 1981. He was appointed to the Court of Appeal in 1987, and retired in 2000. He later served as President of the Court of Appeal of Gibraltar from 2007, and as Justice of the Court of Appeal of Bermuda from 2004. Hillsborough Report In retirement Sir Murray was appointed to re-examine Lord Taylor's report into the Hillsborough disaster, together with the wider question of whether the inquest process had been satisfactory. Sir Murray broadly concluded that there were no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cheque
A cheque, or check (American English; see spelling differences) is a document that orders a bank (or credit union) to pay a specific amount of money from a person's account to the person in whose name the cheque has been issued. The person writing the cheque, known as the '' drawer'', has a transaction banking account (often called a current, cheque, chequing, checking, or share draft account) where the money is held. The drawer writes various details including the monetary amount, date, and a payee on the cheque, and signs it, ordering their bank, known as the ''drawee'', to pay the amount of money stated to the payee. Although forms of cheques have been in use since ancient times and at least since the 9th century, they became a highly popular non-cash method for making payments during the 20th century and usage of cheques peaked. By the second half of the 20th century, as cheque processing became automated, billions of cheques were issued annually; these volumes pea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Blofeld (judge)
Sir John Christopher Calthorpe Blofeld (born 11 July 1932) is an English barrister and former High Court judge. Biography Blofeld was born at Hoveton Home Farm in Norfolk. His father was at Eton with Ian Fleming and his surname is believed to have been the inspiration for the name of James Bond supervillain, Ernst Stavro Blofeld. He is the elder brother of cricket commentator Henry Blofeld. He is a distant relative of the cricketer Hon. Freddie Calthorpe and not his nephew as previously suggested; his son is Tom Blofeld. He was educated at Sunningdale School, Eton, and King's College, Cambridge. In 1961 he married Judith A.H. Mitchell (1932–2013), and they lived at Hoveton House, Hoveton. Blofeld played cricket for Norfolk against the Kent Second XI in the Minor Counties Championship in 1957. Career He was a High Court judge from 1990 to 2001, assigned to the Queen's Bench Division. In 2000, he was one of the appeal judges to release the M25 Three. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
County Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions (subnational entities) within a country, not to be confused with the medieval system of ''county courts'' held by the high sheriff of each county. England and Wales Since 2014, England and Wales have had what is officially described as "a single civil court" named the County Court, with unlimited financial jurisdiction. However it should be understood that there are County Court buildings and courtrooms throughout England and Wales, not one single location. It is "a single civil court" in the sense of a single centrally organised and administered court ''system''. Before 2014 there were numerous separate county court systems, each with jurisdiction across England and Wales for enforcement of its orders, but each with a defined "county court district" from which it took claims. County court districts did not have the same boundaries as counties: the name w ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conversion (law)
Conversion is an intentional tort consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real owner's right of possession". In England & Wales, it is a tort of strict liability. Its equivalents in criminal law include larceny or theft and criminal conversion. In those jurisdictions that recognise it, criminal conversion is a lesser crime than theft/larceny. Examples of conversion include: 1) Alpha cuts down and hauls away trees on land s/he knows is owned by Beta, without permission or privilege to do so; and 2) Gamma takes furniture belonging to Delta and puts it into storage, without Delta's consent (and especially if Delta does not know where Gamma put it). A common act of conversion in medieval times involved bolts of cloth that were bailed for safekeeping, which the bailee or a third party took and made clothes for their own use or for sale. Many questions concerning joint ownership in enterprises such as a partnership be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bills Of Exchange Act 1882
The Bills of Exchange Act 1882 is a United Kingdom Act of Parliament concerning bills of exchange. The Act was drafted by Sir Mackenzie Chalmers, who later drafted the Sale of Goods Act 1893 and the Marine Insurance Act 1906. Bills of exchange are widely used to finance trade and, when discounted with a financial institution, to obtain credit. The formal legal definition of a bill of exchange is as follows: An unconditional order in writing addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to order or to bearer. Expressing this in less formal language, it is a written order from one party (the drawer) to another (the drawee) to pay a specified sum on demand or on a specified date to the drawer or to a third party specified by the drawer. Contents Section 3 requires that bills of exchange be written and signed in order to be enforceabl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Oxford University Press
Oxford University Press (OUP) is the university press of the University of Oxford. It is the largest university press in the world, and its printing history dates back to the 1480s. Having been officially granted the legal right to print books by decree in 1586, it is the second oldest university press after Cambridge University Press. It is a department of the University of Oxford and is governed by a group of 15 academics known as the Delegates of the Press, who are appointed by the vice-chancellor of the University of Oxford. The Delegates of the Press are led by the Secretary to the Delegates, who serves as OUP's chief executive and as its major representative on other university bodies. Oxford University Press has had a similar governance structure since the 17th century. The press is located on Walton Street, Oxford, opposite Somerville College, in the inner suburb of Jericho. For the last 500 years, OUP has primarily focused on the publication of pedagogical texts an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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