customs and excise commissioners v barclays bank

The important question raised by this appeal is whether a bank, notified by a third party of a freezing injunction granted to the third In Customs and Excise Commissioners v Barclays Bank Plc [2007] 1 AC 181 (Barclays Bank) 1, the House of Lords clearly upheld the proposition that contempt of court was the only sanction that could be imposed on a bank served with notice of a freezing order, where the bank failed to comply with the terms of the order. Customs and Excise Commissioners v Barclays Bank plc. 2. [2001] BVC 606 [2001] EWCA Civ 1513. Facts. (Redirected from Customs and Excise Commissioners v Barclays Bank ‹ The template Infobox court case is being considered for merging . Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside . Customs and Excise Commissioners v Barclays Bank plc. This was in order to prevent the withdrawal of money which had been legally seized for tax evasion. In Customs and Excise Commissioners v Barclays Bank Plc [2007] 1 AC 181 (Barclays Bank), the Plaintiffs obtained freezing orders in respect of outstanding value added tax against two companies, both of which held accounts with the Defendant, Barclays Bank. On the same day Barclays informed the Commissioners of Customs & Excise ("Customs") of that fact, claimed that TDL was no longer eligible to be treated as a member of the Barclays Group for VAT purposes and requested Customs to exclude TDL from the Barclays Bank VAT group from midnight on 28th February 1995. CIN Properties Ltd v Barclays Bank; City Inn Ltd v Shepherd Construction Ltd [2003] City Inn Ltd v Shepherd Construction Ltd [2010] City of Edinburgh v Secretary of State for Scotland; ... Customs & Excise Commissioners v Morrison's Academy Boarding Houses Association; Customs & Excise Commissioners v Parkinson ; This can explain the apparent contradiction in the Chancery Court’s reasoning in Calvert v William Hill Credit Ltd [2008] EWHC 454 (Ch) (2008) 105(14) L.S.G. Facts. [2006] UKHL 28, Lord Bingham at (7). Therefore, no civil claim for negligence may arise against a bank for breach of a Mareva injunction order in such circumstances. The contempt jurisdiction does not provide an adequate or any remedy for the Commissioners. [2000] BVC 332 In the absence of any Hong Kong authority, the Court considered the 2007 decision of the House of Lords in Customs and Excise Commissioners v Barclays Bank plc [2007] 1 AC 181. Add to portfolio Print Page PDF Download Share Page [2003] 2 WLR 210. Lord Justice Sales, who delivered the main judgment, was guided by the reasoning of the House of Lords in Customs and Excise Commissioners v Barclays Bank plc [2006] UKHL 28, which determined that a defendant’s duty of compliance is owed to the court, of which the remedy for non-compliance is punishment for contempt, not civil damages. By law, banks are required to comply with requests for freezing orders and are paid for the service. 42 Hedley Byrne & Co Ltd v Heller & Partner Ltd [1964] AC . Barclays has no duty of care to HMRC when it issues a freezing order on a customers' account, until it confirms that it will comply with that order. Her Majesty's Commissioners of Customs and Excise v Barclays Bank Plc [2006] UKHL 28 is a leading English tort law case concerning negligent misstatement and pure economic loss. Customs and Excise needed to freeze the bank account of a Barclays customer. Judgment delivered 17 October 2001. Her Majesty’s Commissioners of Customs and Excise (Respondents) v. Barclays Bank plc (Appellants) [2006] UKHL 28 LORD BINGHAM OF CORNHILL My Lords, 1. Court of Appeal (Civil Division). 2 thoughts on “Establishing a Duty of Care in Negligence: Her Majesty’s Commissioners of Customs and Excise v Barclays Bank plc [2006] UKHL 28” Pingback: Establishing a Duty of Care in Negligence: CGL Group Limited v The Royal Bank of Scotland plc [2017] EWCA Civ 1073 | Dominic De Saulles on Law and Litigation In January 2005 we reported on a decision of the Court of Appeal in the case of Commissioners of Customs and Excise v Barclays Bank plc [2004] EWCA Civ 1555 which had important consequences for a bank notified by a third party of a freezing order affecting an account held by the customer with the bank (Bird & Bird intelligence briefing - January 2005). [2001] BVC 606; Customs and Excise Commissioners v Barclays Bank plc. 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