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Sender:
Rory White
Date:
Mon, 26 Mar 2001 14:44:10
Re:
Quick query

 

In Barclays Bank v. Simms 1980 QB a bank recovered money which it had paid when the defendant presented a cheque for payment, having overlooked the drawer company's instructions to stop the cheque.

What was the legal basis for the bank making good the drawer company's account? (i.e. before pursuing the payee). Damages for breach of fiduciary duty/ agency agreement??

 

R. White
Dublin


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