Barclays Bank Ltd v W. J. Simms Son & Cooke (Southern) Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1979 |
| Year | 1979 |
| Date | 1979 |
| Court | Queen's Bench Division (Commercial Court) |
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200 cases
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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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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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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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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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3 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......
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The billion dollar bewail: Citibank cannot recover $900 million inadvertently wired to lenders
... ... Furman of the United States District Court for the Southern District of New York ruled in In re Citibank August 11, ... prepayment of their loan to Revlon, for which the bank was serving as administrative agent, and made no ... recover money paid under a mistake as outlined in Barclays Bank v WJ Sims [1980] QB 677 ... Pursuant to these ... ...
11 books & journal articles
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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......
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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......
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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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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......
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