Barclays Bank Ltd v W. J. Simms Son & Cooke (Southern) Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1979 |
| Date | 1979 |
| Year | 1979 |
| Court | Queen's Bench Division (Commercial Court) |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 7-day Trial
202 cases
-
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......
-
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......
-
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......
-
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......
Get Started for Free
3 firm's commentaries
-
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......
-
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......
-
The billion dollar bewail: Citibank cannot recover $900 million inadvertently wired to lenders
...so - in accordance with the principles governing claims to recover money paid under a mistake as outlined in Barclays Bank v WJ Sims [1980] QB 677. Pursuant to these principles, a person who pays money to another under a mistake of fact is generally entitled to recover the money paid. In us......
11 books & journal articles
-
Bank Account Operation
...any textbook on negotiable instruments for a further discussion. 109 Barclays Bank Ltd . v. W.J. Simms Son & Cooke (Southern) Ltd ., [1979] 3 All E.R. 522 (Q.B.) [ Simms ]. 110 Most of the heat in this scholarly interlude has been generated by Crawford, Payment, Clearing and Settlement in C......
-
Table of cases
...282, [1989] B.C.J. No. 2257 (C.A.).............................. 286 Barclays Bank Ltd. v. W.J. Simms Son & Cooke (Southern) Ltd., [1979] 3 All E.R. 522 (Q.B.) ..................................... 282, 285, 294, 300, 301, 302, 303 Barclays Bank plc v. Bank of England, [1985] 1 All E.R. 385......
-
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......
-
Spangaro v. Corporate Investment Australia Funds Management Ltd.: failure of consideration (failure of basis) as a claim in unjust enrichment.
...and Gaudron JJ). (61) Kelly v Solari (1841) 9 M & W 54; 152 ER 24: Barclays Bank Ltd v W J Simms Son & Cooke (Southern) Ltd [1980] QB 677. See above nn 34, 36 and accompanying (62) Lipkin Gorman [1991] 2 AC 548; David Securities (1992) 175 CLR 353. (63) David Securities (1992) 175 C......
Get Started for Free