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...need only add that, in reaching that conclusion, I do not find it necessary toreview the decision of Goulding J. in Chase Manhattan Bank N.A. v. Israel-British Bank (London) Ltd..., relies on Sinclair v. Brougham [1914] A.C.598 and Chase Manhattan Bank [1981] Ch. 105. The generality of these submissions was narrowed by submitting thatthe trust.... Brougham and Chase Manhattan Bank. The Retention of Title Point It is said that, since the Bank only intended to part with its beneficialownership of the monies in performance of a valid contract...
...OF THE LORDS OF APPEALFOR JUDGMENT IN THE CAUSEHIH Casualty and General Insurance Limited and others (Respondents) v. Chase Manhattan Bank (Appellants) and...othersHIH Casualty and General Insurance Limited and others (Appellants) v. Chase Manhattan Bank (Respondents) and others (First Appeal...)HIH Casualty and General Insurance Limited and others (Appellants) v. Chase Manhattan Bank (Respondents) and others (Second Appeal) (Conjoined appeals)ON...
...market securities, including a derivative of Russian GKOs. Derivatives of GKOs were issued by banks such as Chase Manhattan Bank, as the first respondent was formerly known. The derivatives were known..., the GKO LNs were issued by Chase Manhattan Securities (C.I.) Limited ("CMSCI"), as the third Respondent was formerly known. The GKO LNs were always traded in US dollars. Because the underlying GKOs...April 1996 and July 1998, Springwell made 42 separate purchases of GKO LNs. The sellers of the GKO LNs to Springwell were Chase Investment Bank Limited ("CIBL") and then Chase Manhattan International...
...expression used by Sir John Donaldson MR in Bolivinter Oil SA v Chase Manhattan Bank [1984] 1 Lloyd's Rep 251, 256) between banker and re-insurers was no longer...
...Chase Manhattan Bank NA v Israel-British Bank (London) Limited [1981] Ch 105. It reads as follows:- "In that case Chase Manhattan, ...institutional constructive trust arises in English law.However, although I do not accept the reasoning of Goulding J., Chase Manhattan may well have been rightly decided. The...York bank, had by mistake paid the same sum twice to the credit of the defendant, a London bank. Shortly thereafter, the defendant bank went into insolvent liquidation. The question was whether Chase...
...Manhattan Bank NA v Israel-British Bank (London) Ltd [1981] Ch 105. The latter case concerned a situation in which Chase Manhattan had paid a sum, correctly, to the...for the payer. Lord Browne-Wilkinson did not accept that reasoning. He went on to say this: "However, although I do not accept the reasoning of Goulding J, Chase Manhattan may well have been...time) void because they were ultra vires the council. Lord Goff said that he did not need to review the decision in Chase Manhattan: see [1996] AC page 690G. Lord Slynn agreed with Lord Browne...
...law governing such claims is the law of the country where the defendant received the money," and referred to Dicey & Morris (11th edn) and the Chase Manhattan case. In the..., as the commentary in Dicey and Morris, at pp 1476-8, makes plain, the authority on which it is said to be based, Chase Manhattan Bank NA v. Israel-British Bank (London...El Ajou v. Dollar Land Holdings plc [1993] 3 All E.R. 717, at 736, Millett J relied, without discussion, ...
...arise. He cited, as an example of a case in which a claim based on constructive trust succeeded where the property in question was not the subject of a pre-existing trust, Chase Manhattan Bank v Israel...Chase Manhattan had been cited as authority for the proposition that, where money is paid under mistake, the receipt of such money without more constitutes the recipient a trustee, and that that...recipient should be aware of the mistake and his conscience be affected by knowledge that the money was not his to retain. Chase Manhattan was examined by Lord Browne-Wilkinson in Westdeutsche Landesbank...
...are as follows. The first claimant, JP Morgan Chase Bank, formerly known as The Chase Manhattan Bank (which I shall refer to as "CMB"), is a bank incorporated under the laws of New York with its...principal place of business in New York, but having a branch at London Wall in London. The second claimant , formerly known as Chase Manhattan International Limited ("CMIL"), the third claimant formerly...known as Chase Manhattan Securities (CI) Limited ("CMSCI"), and the fourth claimant, formerly known as Chase Manhattan Bank International ("CMBI"), are all banking affiliates of CMB which respectively...
...under a mistake of fact holds the money on trust for the payee is currently unclear. In Chase Manhattan Bank v Israel-British Bank [1981] Ch 105, Goulding...4-038, that: "It is not at all clear whether Chase Manhattan Bank will be followed. Although the payer paid under a mistake, nevertheless he did intend to pass both the legal and...conclusion." The learned authors conclude however that they are persuaded "that Goulding J was correct to hold in Chase Manhattan Bank that the payee was a constructive trustee of...
...under such contract which requires him to obtain a performance security. At the request of the principal, we the Chase Manhattan Bank, London Branch, hereinafter called the surety, hereby irrevocably...continue and it is now the intention of the Manx Electricity Authority to make demands under the guarantee given by the Chase Manhattan Bank, ref: PNLOI/601182." 19. Mr...) On 14 December 2001 MEA wrote to the Chase Manhattan Bank making demand under the Bond."23. The conflicting interests of MEA and the administrators were compromised in...
...sworn on 26 January 1998 Mr Hadkinson states that on the instructions of an institution called Effect Credit he paid a sum of money into an account at Chase Manhattan Private Bank in Geneva but that...account with the Chase Manhattan Bank in Geneva". In giving evidence, however, Mr Hadkinson had to accept that $10m was paid into the account at Credit Lyonnais which he disclosed in his 11th...affidavit from an account at Chase Manhattan Geneva. There is documentary evidence that he personally opened two accounts at Chase in Geneva. Mr Smith suggested to Mr Hadkinson that he gave this false answer...
....5. I am satisfied that there is no objectively reasonable apprehension of risk of avoidance on the basis of the HIH Casualty and General Insurance Ltd v Chase Manhattan Bank.... Those were articulated in HIH v Chase Manhattan Bank, by Lord Bingham at [16] who said: "[I]t is in my...if there had been fraud on the part of the insured in procuring the policy. ii) HIH v Chase...
...Chase Manhattan Bank NA v Israel-British Bank (London) Limited [1981] Ch 105. It reads as follows:- "In that case Chase Manhattan, ...institutional constructive trust arises in English law.However, although I do not accept the reasoning of Goulding J., Chase Manhattan may well have been rightly decided. The...York bank, had by mistake paid the same sum twice to the credit of the defendant, a London bank. Shortly thereafter, the defendant bank went into insolvent liquidation. The question was whether Chase...
...films. For present purposes it suffices to record that the financing bank was Chase Manhattan Bank, the providers of shortfall insurance were Underwriters Reinsurance Company (URC) and URC was...reinsured by (amongst others) Royal and Sun Alliance, Axa Reassurance SA, General Star International ("Genstar") and a retained line of URC. There were also cut through clauses entitling Chase to seek...have been proceedings in New York. Axa sought a declaration of non-liability under its cover against Chase. Axa also made claims against SCB alleging fraudulent and negligent misrepresentations in the...
...relevant partiesChase Entities17. The relevant Chase entities are the following:
i) the Chase Manhattan Bank, the London Branch of the New York Bank..."); from 1990 to 1998 the account was maintained with a unit within CMB known as the Private Bank ("the Private Bank"); ii) Chase Manhattan International Limited ("CMIL") (now JP Morgan...Limited ("CIBL" as defined below); iii) Chase Manhattan Securities (C.I.) Limited ("CMSCI") (now JP Morgan Securities (C.I.) Limited), the Third Claimant and Third Defendant to the...
...credit of an account in the name of International Consultancy Services LLC. (3) On 28 July 1999 the sum of $326,006.29 was made to Chase Manhattan Bank, New York for the credit of an...the General Manager to Chase Manhattan Bank New York for an account in favour of NBEI.d) The internally advertised purpose of this deposit by OHB with NBEI was to establish...were made by OHB for the transfer of US.$2.15million to OIB subject to the following instructions:- 1) Please pay US.$2,1045,877.08 to Chase Manhattan New York for the credit...
...for payment in cash. SIBL entered into a pair of interlocking agreements with Chase Manhattan Bank Luxembourg SA ( Chase ). (In fact there were two pairs of agreements, each dealing with a separate...Deposit Agreement. 5. The sub-participation agreement was expressed to be governed by English law. It referred to Chase as the Participant and began with a preamble: We...by SIBL ... 8. The Deposit Agreement was expressed to be governed by the law of Luxembourg, where Chase was incorporated. It referred to SIBL as the Arranger and to Chase...
...under such contract which requires him to obtain a performance security. At the request of the principal, we the Chase Manhattan Bank, London Branch, hereinafter called the surety, hereby irrevocably...continue and it is now the intention of the Manx Electricity Authority to make demands under the guarantee given by the Chase Manhattan Bank, ref: PNLOI/601182." 19. Mr...) On 14 December 2001 MEA wrote to the Chase Manhattan Bank making demand under the Bond."23. The conflicting interests of MEA and the administrators were compromised in...
...: Astro Exito Navegacion SA v Chase Manhattan Bank NA [1983] 2 AC 787. 6. It is also clear from Astro Exito that there is no restriction on the type of...