header-logo header-logo

04 October 2013
Issue: 7578 / Categories: Case law , Law digest , In Court
printer mail-detail

Banking

Tidal Energy Ltd v Bank of Scotland Plc [2013] EWHC 2780 (QB), [2013] All ER (D) 214 (Sep)

The proceedings concerned an instruction to pay a sum of money to the beneficiary by CHAPS transfer to the account number and sort code specified. Although the identity of the beneficiary was important to the claimant, the evidence was that CHAPS did not operate in such a way that the beneficiary’s name formed part of the identifier which determined the destination of the payment. The reason was a practical one; the volume of transactions conducted through CHAPS each business day meant that a process of manual checking prevented payments being accomplished within the short time scale that was the hallmark of CHAPS. There was no requirement in the CHAPS rules that the beneficiary’s name be included, and in practice CHAPS transfers were processed without reference to it. The evidence was unequivocal that the identity of the beneficiary was irrelevant to the way in which the payment was processed. It was the destination account number and sort code that mattered. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll