Marfani & Company Ltd v Midland Bank Ltd

JurisdictionEngland & Wales
JudgeLORD JUSTICE DANCKWERTS,LORD JUSTICE DIPLOCK
Judgment Date21 March 1968
Judgment citation (vLex)[1968] EWCA Civ J0321-2
Docket Number1966. M. No. 2172
CourtCourt of Appeal (Civil Division)
Date21 March 1968
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125 cases
  • Tai Soon Heng Construction Sdn Bhd; United Asian Bank Bhd
    • Malaysia
    • Supreme Court (Malaysia)
    • Invalid date
  • Thackwell v Barclays Bank Plc
    • United Kingdom
    • Queen's Bench Division
    • Invalid date
  • Shield Life Insurance Company Ltd v Ulster Bank Ltd
    • Ireland
    • High Court
    • 5 December 1995
    ...was that the onus of showing that he did take such reasonable care was on the banker. Marfini & Co. Ltd.v. Midland Bank Ltd.WLR [1968] 1 W.L.R. 956 approved. 6. That assuming a banker had acted in good faith, the usual matter with respect to which the banker must take reasonable care was to......
  • Dextra Bank and Trust Company Ltd v Bank of Jamaica
    • Jamaica
    • Court of Appeal (Jamaica)
    • 30 November 1999
    ...I have formed. The general proposition of law applicable in actions for conversion was aptly expressed by Diplock, L.J. in Marfani & Co. Ltd. v. Midland Bank Ltd. [1968] 1 W.L.R. 956 at 970–971: "At common law one's duty to one's neighbour who is the owner or entitled to possession, of any......
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7 books & journal articles
  • Change of position and restitution for wrongs: 'ne'er the twain shall meet'?
    • Australia
    • Melbourne University Law Review Vol. 33 No. 1, April 2009
    • 1 April 2009
    ...1 QB 738, 751-2 (McNair J). (133) Grainger v Hill (1838) 4 Bing NC 212; 132 ER 769. (134) Marfani & Co Ltd v Midland Bank Ltd [1968] 2 All ER 573,577-8 (Diplock L (135) United Australia Ltd v Barclays Bank Ltd [1941] AC 1, 17-18 (Viscount Simon LC), 29 (Lord Atkin), 34 (Lord Romer). Cf ......
  • Bank and Customer Relationships
    • Canada
    • Irwin Books Archive Bank and Customer Law in Canada
    • 8 September 2007
    ...Stoney Stanton Supplies (Coventry) Ltd . v. Midland Bank Ltd ., [1966] 2 Lloyds Rep. 373 (C.A.); Marfani & Co . v. Midland Bank Ltd ., [1968] 1 W.L.R. 956 (C.A.). Bank and Customer Relationships 179 dates from the foundation case of Foley v. Hill 14 decided by the House of Lords in 1848. On......
  • Table of cases
    • Canada
    • Irwin Books Bank and Customer Law in Canada. Second Edition
    • 19 June 2013
    ...Carriers SA (The “Mareva”), [1975] 2 Lloyd’s Rep. 509 (C.A.) ................................. 289 Marfani & Co. v. Midland Bank Ltd., [1968] 1 W.L.R. 956 (C.A.) .................... 186 Bank and Customer Law in Canada 476 Marketing Products Inc. v. 1254719 Ontario Ltd. (2000), 13 B.L.R. (3......
  • THE LAW OF ABANDONMENT AND THE PASSING OF PROPERTY IN TRASH
    • Singapore
    • Singapore Academy of Law Journal No. 2011, December 2011
    • 1 December 2011
    ...with his ownership rights in (or rights to immediate possession of) personal property - see Marfani & Co Ltd v Midland Bank Ltd [1968] 1 WLR 956 at 970-971; The Cherry [2003] 1 SLR(R) 471 at [58]-[59]. The action in conversion, which is a strict liability tort for the protection of ownershi......
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