Gareth Anthony Hamblin & Anor v Moorwand Ltd & Anor

Gareth Anthony Hamblin & Anor v Moorwand Ltd & Anor

Moorwand was put on inquiry by suspicious circumstances and failed to make proper inquiries before debiting RND’s account; the exclusion clause does not bar the claim for reinstatement of the account; claims under Payment Services Regulations fail as Moorwand complied with mechanical procedures.

Source-derived case information.

Parties
Appellant: Gareth Anthony Hamblin; Appellant: Marilyn Delina Hamblin; Respondent: Moorwand Ltd; Respondent: RND Global Ltd
Jurisdiction
England and Wales
Judgment Date
04 November 2025
Procedural Posture
Civil Appeal / Judgment on Appeal and Permission to Appeal
Outcome
Appeal allowed in respect of the Derivative Claim; permission to appeal granted in part; Payment Services Claim fails and permission refused.
Legal Topics
Quincecare Duty, Exclusion Clauses, Derivative Actions, Payment Services Regulations, Fraud
Banking Law Contract Law Company Law Quincecare Duty Exclusion Clauses Derivative Actions Payment Services Regulations Fraud

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Parties

Gareth Anthony Hamblin

Appellant

Marilyn Delina Hamblin

Appellant

Moorwand Ltd

Respondent

RND Global Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal and Permission to Appeal

Legal Issues

  1. 1 Whether Moorwand breached its mandate and Quincecare duty by debiting RND’s account when on inquiry
  2. 2 Whether the exclusion clause in Moorwand’s terms bars the claim for reinstatement of the account
  3. 3 Whether payments were unauthorised under Payment Services Regulations 2009

Ratio Decidendi

Moorwand was put on inquiry by suspicious circumstances and failed to make proper inquiries before debiting RND’s account; the exclusion clause does not bar the claim for reinstatement of the account; claims under Payment Services Regulations fail as Moorwand complied with mechanical procedures.

Court Disposition

Appeal allowed in respect of the Derivative Claim; permission to appeal granted in part; Payment Services Claim fails and permission refused.

Orders

  • Moorwand must restore just under £160,000 to the RND account for the use of RND.