Marcan v Lloyds Bank Ltd (pet dis)

JurisdictionEngland & Wales
Date1973
CourtChancery Division
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24 cases
  • Bermuda Fire & Marine Insurance Company Ltd ((in Liquidation)) v BF & M Ltd and Others 1995 Civil Jur. No. 7
    • Bermuda
    • Supreme Court (Bermuda)
    • June 9, 1999
    ...No. 3 Nimmo v Alexander Cowan and Sons Ltd.UNK [1967] 3 All ER 187 Glegg v BromleyELR [1912] 3 KB 474 Lloyd's Bank Ltd. v MarcanWLR [1973] 1 WLR 339 Rye v RyeELR [1962] AC 496 Re EichholzELR [1959] 1 Ch 708 Re CrossleyUNK [1954] 3 All ER 296 Re GeneseELR (1886) 17 QBD 1 Conveyancing Act, s.......
  • Marcan v Lloyds Bank Ltd (pet dis)
    • United Kingdom
    • Court of Appeal (Civil Division)
    • July 18, 1973
    ...LORD JUSTICE RUSSELL 1 This is an appeal by Mrs Marcan, the second Defendant, from a decision of the Vice-Chancellor reported at 1973 1 Weekly Law Reports, 339, and more fully at 1973 2 All England Reports, 359. Reference to those reports may be made for the details of the case, which is an......
  • Lakatamia Shipping Company Ltd v Nobu SU (aka Hsin Chi Su Aka Nobu Morimoto
    • United Kingdom
    • King's Bench Division (Commercial Court)
    • July 21, 2023
    ...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 it will di......
  • Emirates NBD Bank PJSC (a company incorporated in the Emirate of Dubai) v Rashed Abdulaziz Almakhawi
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • May 12, 2023
    ...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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2 books & journal articles
  • Land Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2005, December 2005
    • December 1, 2005
    ...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......
  • Insolvency Law
    • Singapore
    • Singapore Academy of Law Annual Review No. 2004, December 2004
    • December 1, 2004
    ...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......

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