Bank of India v Trans Continental Commodity Merchants Ltd (No. 2)

JurisdictionEngland & Wales
CourtCourt of Appeal (Civil Division)
Judgment Date1983
Date1983
Year1983

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33 cases
  • Julie Anne Davey v James Money
    • United Kingdom
    • Chancery Division
    • 12 July 2018
    ...independently and that Dunbar was not responsible for decisions relating to the realisation of the security. 774 In Bank of India v Trans Continental Commodity Merchants Ltd [1983] 2 Lloyd's Rep 298, Robert Goff LJ referred to and affirmed the dictum of Bingham J at first instance [1982] 1......
  • Scottish and Newcastle Plc v Raguz
    • United Kingdom
    • Chancery Division
    • 11 April 2006
    ...default by the principal debtor. The main modern authority is Bank of India v. Trans Continental Commodity Merchants Ltd and Patel [1983] 2 Lloyds LR 298 at p302. The origins of the principle (and in particular the use of the word "connive") can be traced back to the speech of Lord Brougham......
  • Royal Bank (Barbados) Ltd v Charles Richard Edwards
    • Barbados
    • High Court (Barbados)
    • 20 April 2023
    ...guarantor or connives at the default of the principle debtor [ Bank of India v Trans Continental Commodity Merchants Ltd. and Patel [1983] 2 Lloyd's Rep 298, CA at 299-300, per Robert Goff LJ affirming Bingham J [1982] 1 Lloyds Rep 506 and approving his statement at 514]. There is no prin......
  • Marubeni Hong Kong and South China Ltd v Government of Mongolia
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 12 March 2004
    ...circumstances in which the surety may be discharged, examples of which are set out above. (Robert Goff LJ, Bank of India v Trans Continental Commodity Merchants Ltd [1983] 2 Lloyds' Rep 298 at 302). I turn to apply the above principles to the present case. 226 Article 7.2 of the DPS 1 Contr......
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