Barclays Bank Plc v Kalamohan & Anor [2010] EWHC 1383 (Ch) (10 June 2010)

The defendants perpetrated fraud against the Bank by fabricating receipts and misrepresenting payments for stock to obtain loans under the SFLGS, and were unjustly enriched by mistaken payments; Mrs Kalamohan is vicariously liable for fraud committed by her husband as her agent.

Citation: [2010] EWHC 1383 (Ch)
Parties: Claimant: Barclays Bank plc; First Defendant: Mr Kalamohan; Second Defendant: Mrs Kalamohan
Jurisdiction: England and Wales
Judgment Date: 10 June 2010
Procedural Posture: Civil / Final Judgment
Outcome: Judgment for claimant
Legal Topics: Fraudulent Misrepresentation, Unjust Enrichment, Knowing Receipt, Vicarious Liability, Restitution for Mistaken Payment, Small Firm Loan Guarantee Scheme, Tracing, Fiduciary Duty

Banking Law Fraud Restitution Agency Law Fraudulent Misrepresentation Unjust Enrichment Knowing Receipt Vicarious Liability +4 more

Case Brief

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Parties

Barclays Bank plc

Claimant

Mr Kalamohan

First Defendant

Mrs Kalamohan

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

1 Whether the defendants perpetrated fraud against the claimant bank in relation to SFLGS loans
2 Whether the defendants were unjustly enriched by mistaken payments
3 Whether Mrs Kalamohan is vicariously liable for fraud committed by her husband as agent

Ratio Decidendi

Court Disposition

Judgment for claimant

Orders

Defendants to repay sums comprised in the banker's drafts to the Bank
Bank entitled to trace proceeds into residential properties purchased with misappropriated funds