Marcan v Lloyds Bank Ltd (pet dis)
| Jurisdiction | England & Wales |
| Court | Chancery Division |
| Year | 1973 |
| Date | 1973 |
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25 cases
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Access Bank Plc v Dr Ambrosie Bryant Chukwueloka Orjiako et Al
...to his creditors. Cases which support this premise include Re Eichholz [1959] Ch. 708 at 722–724 and Lloyds Bank Ltd v. Marcan [1973] 1 W.L.R. 339 at 344H, at first 62 In Re Eichholz [1959] Ch. 708 at 722–724, Harman, J. (as he then was) observed: “There is no doubt that the Statute of E......
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Access Bank Plc v Orjiako et Al
...28 [1977] 1 W.L.R. 1041. The Court of Appeal reversed the decision of Slade J on different grounds. 29 [1959] Ch. 708 at 722–724. 30 [1973] 1 W.L.R. 339 at 344H. 31 [1959] Ch. 708 at 722–724. 32 (1870) LR 5 Ch. App 538. 33 [1973] 1 W.L.R. 339 at 344H. 34 [1973] 1 W.L.R. 1387 at 1392.......
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Emirates NBD Bank PJSC (a company incorporated in the Emirate of Dubai) v Rashed Abdulaziz Almakhawi
...v Pope. … In my judgment, all this continues to be good law under section 172 of the Law of Property Act”; ii) Lloyds Bank Ltd v Marcan [1973] 1 WLR 339 at 344H (Sir John Pennycuick V.C.): “The word “intent” denotes a state of mind. A man's intention is a question of fact. Actual intent ma......
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Lakatamia Shipping Company Ltd v Nobu SU (aka Hsin Chi Su Aka Nobu Morimoto
...Secondly, the issue of whether Maître Zabaldano intended to injure Lakatamia is obviously one of fact — see, e.g., Lloyds Bank Ltd v. Marcan [1973] 1 W.L.R. 339 (CA) at 344, “The word “intent” denotes a state of mind. A man's intention is a question of fact”. Lakatamia has made clear that i......
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2 books & journal articles
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Land Law
...dishonest intent might be inferred from the surrounding circumstances, as laid down by Pennycuick VC in Lloyds Bank Ltd v Marcan[1973] 1 WLR 339 at 344 and the English Court of Appeal in In re M Kushler, Limited[1943] Ch 248, although such an inference should not be lightly made as stated i......
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Insolvency Law
...J referred to the various meanings of the phrase ‘intent to defraud creditors’ in s 73B(1) as espoused in Lloyds Bank Ltd v Marcan[1973] 1 WLR 339 (Ch D), [1973] 1 WLR 1387 (CA) and concluded that the upshot was that some degree of dishonesty had to be established before a person could be s......
