Source: All England Reporter
Publisher Citation: [2005] 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.

The Case

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