JONES v CHURCHER AND ANOTHER

[2009] Lloyd's Rep Plus 52

QUEEN’S BENCH DIVISION (BRISTOL MERCANTILE COURT)

Before His Honour Judge Havelock-Allan QC

Banking - Money mistakenly transferred to defendant's account by claimant - Defendant's bank alerted to mistake - Defendant withdrawing money - Whether claimant had restitutionary action for money paid by mistake - Change of position - Whether defendant's bank had defence of ministerial receipt - Whether defendant's bank guilty of breach of trust.