Source: All England Reporter
Publisher Citation: [1999] All ER (D) 1367
Court: Court of Appeal, Civil Division

Evans, Aldous and Ward LJJ

Representation Jeffrey Gruder QC and Zöe O'Sullivan (instructed by Lovell White Durrant) for SCB.
  Timothy Young QC and Richard King (instructed by Amhurst Brown Colombotti) for PNSC.
  John Cherryman QC and Lawrence Akka (instructed by Ashok Patel & Co) for M.
Judgment Dates: 3 December 1999


Fraud - Deceit - Bank paying seller price of goods under letter of credit - Payment made against presentation of false bill of lading - Bank presenting documents to issuing bank knowing them to be false - Issuing bank refusing payment - Payment being refused not by reference to falsity of documents but by reference to discrepancies - Bank claiming in deceit against shipowner - Whether bank's claim against shipowner defeated by its own attempted deceit of issuing bank.

The Case

Practice Areas

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