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

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