Source: All England Reporter
Publisher Citation: [2005] All ER (D) 290 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Jonathan parker and Carnwarth LJJ

Representation Thomas Graham (instructed by BP Collins Solicitors, Gerrards Cross) for the claimant.
  Grant Armstrong (instructed by EDC Lord) for the first defendant.
Judgment Dates: 22 November 2005

Catchwords

Money - Money had and received - Recovery - Claimant commencing proceedings to recover moneys outstanding under loan agreement - First defendant claiming right to 'net-off' deposit paid against amount outstanding - Trial judge deciding 'net-off' occurring at specified date - Trial judge deciding non-contractual rate of interest applying to moneys outstanding - Whether trial judge's approach correct.

The Case

The court allowed the claimant's appeal in circumstances where it was satisfied that the judge had failed to apply the correct rate of interest to the calculation of the outstanding amount owing to the claimant pursuant to the loan agreement made between the parties.

Practice Areas

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