Her Majesty's Commissioners of Customs and Excise v Barclays Bank Plc [2006] UKHL 28
Citation:Her Majesty's Commissioners of Customs and Excise v Barclays Bank Plc [2006] UKHL 28
Rule of thumb:Are there some cases where it is impossible to give an exact answer on whether a person has broken the law? Yes, there are some cases which are a matter of degree, meaning that all probative facts must be taken into account and it then decided whether a person has broken the law or not.
Background facts:
The facts of this case were that HMRC made a bank account freezing order, but the holder of the account was able to empty it out of cash before Barclays got around to freezing it. The Court held that Barclays did not act unreasonably in introducing the freezing order.
Judgment:
In negligence cases although past precedents are useful, every case must be taken fully on its own merits as they are a matter of degree with grey areas tending to apply.
Ratio-decidendi:
‘(much depends on) the detailed circumstances of the particular case and the particular relationship between the parties in the context of their legal and factual situation as a whole’, Lord Bingham at 8
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.