Westdeutsche Landesbank Girozentrale v Islington LBC [1996] AC 669
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-07 20:08:33 UTC
Lord BW
-
He disagrees with the decision in Chase
It was based on a concept of retaining an equitable property in money where, prior to the payment to the recipient bank, there was no existing equitable interest
I cannot understand how the recipient's "conscience" can be affected at a time when he is not aware of any mistake
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The judge found that the law of England and that of New York were in substance the same.
WRONG: NYC uses a remedial CT whereas English law only recognises an institutional CT.
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