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In February 2011, Mr and Mrs Sondhi defaulted on their repayments. Barclays repossessed and sold for the home for £1.2m, and AIB received £867,697. AIB, seeking to recover more, then claimed Mark Redler solicitors acted in breach of trust and fiduciary duty, breach of contract, and was negligent.
Barclays Bank Ltd v W J Simms, Son and Cooke (Southern) Ltd [1980] 1 QB 677, [1979] 3 All ER 522 was a decision of the High Court of Justice relating to the recovery of a payment mistakenly made by a bank after the customer had countermanded the cheque. [1]
Rolls Razor Ltd owed £484,000 to Barclays Bank Ltd.It still needed more money to pay a dividend, which it had declared to its shareholders on 2 July 1964.Quistclose Investments Ltd agreed to a loan of £209,719 8s 6d on the conditions that the dividend would be paid with it and the money would be put in a separate account (also with Barclays Bank).
Barclays Bank was the sole trustee of the Bartlett trust, set up by Sir Herbert Bartlett.The sole asset of the trust was 99.8% of the issued shares in the family company.On the company board were two surveyors, an accountant and a solicitor.
When it received the request, the bank replied that it would abide. But due to "operator error", the customer proceeded to empty all of the money from the account. Customs and Excise sued Barclays for the amount that was lost along with the interest. Barclays argued it had no duty of care, nor had it assumed responsibility.
Ropaigealach v Barclays Bank plc [2000] QB 263 is an English land law case, concerning mortgage arrears and a rare mortgage over a family home which had a right to enter a home (temporarily vacant) and sell it without a court order.
The solicitors had repeatedly requested payment, but none had come. They presented a winding up petition in the Chancery Court for the company. Cornhill Insurance's solicitors rushed to get an injunction, arguing that there was no evidence at all that their multi-million business had any financial difficulties.
If this turns out to be a negligent statement, the director can be sued. But this means it is hard to claw back any profits from shareholders if a company does indeed go insolvent, if the director's statement appeared good at the time. If not all the directors are prepared to make a solvency statement, the company may apply to court for a decision.