Chose in Action in UK Law
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Theft Act 1968, S. 15A: Obtaining Money Transfer by Deception
... ... 4(1) speci fi cally includes ‘ things in action and other intangible property ’ ... In Preddy the defendants were ... 4(1) de fi nition of property, being a chose in action which belonged to an account holder and was exercisable against ... ...
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‘Obtaining property by deception’, mortgage fraud and funds transfer
The appellants had made mortgage applications to building societies and other lenders which contained false statements. The sums obtained by the appellants by way of mortgage advances were actually...... ... THE ACTION The appellants had been charged with and convicted of obtaining or ... a chose in action, belonging to the lending institution. The question remains ... ...
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Investors Compensation Scheme Ltd v West Bromwich Building Society
These are set out in the earlier comment on this case when it arose at first instance and was considered in Vol. 5, No. 1, Journal of Financial Regulation and Compliance, p. 78. The investors conce...... ... ACTION The court at first instance and the Court of Appeal both agreed that the ... This was not, as the lower courts had sug-gested, splitting a chose in action and thereby dividing the indivisible. His Lord-ship said: 'Now ... ...
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Property and Theft—Developments since Preddy
... ... intangible property was the subject of the offence-namely achose in action or credit balance belonging to the lender which wastransferred from the ... amount of the loan], he does not obtain the lending institution's chose inaction. On the contrary that chose in action is extinguished or reduced ... ...
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Court of Appeal
... ... property, referred to as ‘monies’ on the indictment, as being a chose in action in the form of the right over money in a bank account. If the ... ...
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Assignment of individual investors' claims to the Investors Compensation Scheme declared invalid (1) Investors Compensation Scheme Ltd v West Bromwich Building Society; (2) Same v Hopkin & Sons; (3) Alford & Ors v West Bromwich Building Society; (4) Armitage v West Bromwich Building Society
This case concerned the validity of assignments to the Investors Compensation Scheme (ICS) of the claims of various individual investors which arose out of the widespread mis‐selling of home income...... ... the claim-ants (including Messrs Alford and Armitage in this action), to take out home income plans involving equity release mortgages with ... the view that what the ICS claim form purported to assign was not a chose in action or part of a chose in action (which is capable of assignment in ... ...
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Recent Judicial Decisions
... ... in question was in credit, this was held to be obtaining a chose in action. So it was where the account was overdrawn, but not so ... ...
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Mortgage Fraud and the Law of Theft
... ... Greater London Council,defined the property as ' ... that thing in action, that cheque; that pieceof paper, in the sense of a piece of paper ... sum of £6,002.50'.11 This distinction between acheque creating a chose (or thing) in actton'? and that cheque as piece ofpaperneeds to be made, ... ...
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Mortgage Fraud and the Law of Theft
... ... Greater London Council,defined the property as ' ... that thing in action, that cheque; that pieceof paper, in the sense of a piece of paper ... sum of £6,002.50'.11 This distinction between acheque creating a chose (or thing) in actton'? and that cheque as piece ofpaperneeds to be made, ... ...
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To have and to hold? Conversion and intangible property
... ... tothe ¢ction of a loss and ¢nding , a legacy of the o ld forms of action ... 1 In essence, this am ounts to an assertion tha t a legal ¢ction shoul ... what the‘do cumentary except ion’recognises.Wher e a chose in action is so closel y identi¢ed witha particular docum ent that the ... ...
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