Barclays Bank Plc v Kalamohan & Anor

Barclays Bank Plc v Kalamohan & Anor

The defendants perpetrated fraud against the Bank by fabricating documents and misrepresenting payments for stock to obtain SFLGS loans; they were unjustly enriched by mistaken payments and are liable to repay the sums. Mrs Kalamohan is vicariously liable for fraud committed by her husband as her agent. The Bank is entitled to trace proceeds into properties acquired by the defendants.

Parties
Claimant: Barclays Bank PLC; First Defendant: Kalamohan; Second Defendant: Kalamohan
Jurisdiction
England and Wales
Judgment Date
10 June 2010
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the claimant
Legal Topics
Fraudulent Misrepresentation, Unjust Enrichment, Knowing Receipt, Vicarious Liability, Tracing, Small Firm Loan Guarantee Scheme (sflgs), Restitution for Mistaken Payment
Fraud Restitution Agency Trusts Fraudulent Misrepresentation Unjust Enrichment Knowing Receipt Vicarious Liability +3 more

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Parties

Barclays Bank PLC

Claimant

Kalamohan

First Defendant

Kalamohan

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

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

Ratio Decidendi

The defendants perpetrated fraud against the Bank by fabricating documents and misrepresenting payments for stock to obtain SFLGS loans; they were unjustly enriched by mistaken payments and are liable to repay the sums. Mrs Kalamohan is vicariously liable for fraud committed by her husband as her agent. The Bank is entitled to trace proceeds into properties acquired by the defendants.

Court Disposition

Judgment for the claimant

Orders

  • Defendants to repay sums received by banker’s drafts from mistaken payment
  • Bank entitled to trace proceeds into residential properties purchased by defendants