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Lloyds Bank v Independent Insurance: Difference between revisions

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Lloyds Bank v Independent Insurance (view source)

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Right.
Right.
===Background===
===Background===
LLoyds transferred money into Independent’s account at the Royal Bank of Scotland by mistake. Independent argued that LLoyds made the transfer on behalf of its customer WFL, with its authority, to discharge WFL’s debt that was due to Independent.  
Lloyds transferred money into Independent’s account at the Royal Bank of Scotland by mistake. Independent argued that Lloyds made the transfer on behalf of its customer WFL, with its authority, to discharge WFL’s debt that was due to Independent.  


At first instance, the court held that WF had not authorised the transfer.  
At first instance, the court held that WF had not authorised the transfer.  


Independent appealed, arguing that LLoyds ''was'' authorised, or that it was [[ostensible authority|''ostensibly'' authorised]] to transfer the money, so the payment discharged WF’s debt to Independent, thus providing a defence to LLoyds’ claim restitution.  
Independent appealed, arguing that Lloyds ''was'' authorised, or that it was [[ostensible authority|''ostensibly'' authorised]] to transfer the money, so the payment discharged WF’s debt to Independent, thus providing a defence to Lloyds’ claim restitution.  


Lloyds argued the first instance judge was right, but even if he wasn’t, LLoyds should still succeed on its [[restitution]]ary claim.
Lloyds argued the first instance judge was right, but even if he wasn’t, Lloyds should still succeed on its [[restitution]]ary claim.
===Facts===
===Facts===
There is some confusion to be navigated not only on account of [[Lord Justice Waller]]’s curious facility with [[pronoun]]s, but because ''both'' WF and Independent had accounts at RBS. WF was apparently moving its business from RBS to Lloyds. There was a bit of a [[S.N.A.F.U.]] where WF first sent Independent a [[cheque]] drawn on RBS, which bounced, but this is all a bit of pre-conflict theatre.  
There is some confusion to be navigated not only on account of [[Lord Justice Waller]]’s curious facility with [[pronoun]]s, but because ''both'' WF and Independent had accounts at RBS. WF was apparently moving its business from RBS to Lloyds. There was a bit of a [[S.N.A.F.U.]] where WF first sent Independent a [[cheque]] drawn on RBS, which bounced, but this is all a bit of pre-conflict theatre.  
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