Barclays Bank Ltd v W. J. Simms Son & Cooke (Southern) Ltd
| Jurisdiction | England & Wales |
| Court | Queen's Bench Division (Commercial Court) |
| Judgment Date | 1979 |
| Year | 1979 |
| Date | 1979 |
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155 cases
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Första Ap-Fonden v Bank of New York Mellon SA/NV and Others
...authorised it, and the payment is treated as for the bank's own account ( Barclays Bank Ltd v WJ Simms Son & Cooke (Southern) Ltd [1980] QB 677 at 699, Robert Goff J). 105 In this case, AP seeks to construe the "safeguard principal" objective as part of the mandate. I do not accept that......
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Jones v Churcher and Another
...impose on the bank an accessory liability for breach of trust. Whilst I consider that the information provided by Lloyds TSBBarclays Bank v W.J. Sims [1980] QB 677. In that case Robert Goff J summarised the relevant principles (at 695C-D) in the following propositions (for which he cited by......
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Nurdin and Peacock Plc v D B Ramsden and Company Ltd
...said that his conclusions were further supported by the dictum of Mr Justice Robert Goff in Barclays Bank Ltd v W J Simms Son and Cooke (Southern) Ltd and AnotherELR ((1980) 1 QB 677). Mr Justice Robert Goff said that it was not a prerequisite of recovery that the plaintiff must have mistak......
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Lloyds Bank Plc v Independent Insurance Company Ltd
...the payee could not be required to restore the money to the payer. (Barclays Bank Ltd v W J Simms Son & Cooke (Southern) LtdELR[1980] QB 677applied.) JUDGMENT Waller LJ: Introduction This is an appeal from the decision of His Honour Judge Hallgarten QC under which he gave judgment in fa......
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2 firm's commentaries
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Madoff Feeder Fund In Major Court Reversal
...the shares and this was an absolute bar on the claim. (Referring to Aiken v Short [1856] 1H&N 210 and Barclays Bank v WJ Simms Son [1980] QB 677.) The Court found in favour of Fairfield on the second preliminary issue on an interpretation of what documents constituted certificates as to......
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Privy Council Rules On Fairfield
...and defence under the articles were closely related and in approving Barclays Bank Limited v. W.J. Simms Son & Cooke (Southern) Ltd (1980) QB 677, said that if a payment made under a mistake discharges a contractual debt of a payee, that sum cannot be recovered unless the mistake is suc......
6 books & journal articles
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The Rise and Fall of the Mistake of Law Rule
...of these judges specified that the plaintiff must have mistakenly believed that he or she was under a liability to pay the defendant. " [1980] QB 677. Also see Saronic Shipping Co. Ltd. v. Huron Liberian Co. [1979] 1 Lloyds Rep 341, at 362-366, per Mocatta J., affirmed by the Court of Appea......
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Restitution
...of the law in relation to recovery of payments made under mistakes of fact in Barclays Bank Ltd v W J Simms Son & Cooke (Southern) Ltd[1980] QB 677 at 692, that it is enough to show that a mistake caused a payment to show that the money is prima facie recoverable subject to defences (see al......
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Restitution
...the debt of the defendant is not discharged by a mistaken payment of the plaintiff (Barclays Bank Ltd v Simms Son & Cooke (Southern) Ltd [1980] QB 677), which means that the proper defendant would have been E rather than the co-insurer. One possible solution in this type of scenario, to avo......
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Deutsche Morgan Grenfell v Inland Revenue Commissioners
...Lords Hoffman and Walker in that he believed the tax was simply due 19 DMG v IRC [2006] UKHL 49, at [20]. 20 [20061 UKHL 49, at [32]. 21 [1980] 2 WLR 218; [1980] QB 677. Hereafter referred to as 'Simms.' 22 DMG v IRC [2006] UKHL 49, at [143]. 23 [2006] UKHL 49, at [143]. 24 [2006 UKHL 49, a......
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