|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 290 (Nov)|
|Court:||Court of Appeal, Civil Division|
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|
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.