Rubenstein v HSBC Bank

The appellant's appeal is allowed except as to the ex gratia payment issue, the respondent's cross-appeal is dismissed, and the previous orders as to costs and interim payments are set aside. Judgment is entered for the appellant for the agreed sum, and the respondent is ordered to repay the interim payment and pay costs as specified.

Parties: Appellant: Rubenstein; Respondent: HSBC Bank
Jurisdiction: England and Wales
Judgment Date: 12 September 2012
Procedural Posture: Civil Appeal / Court of Appeal Judgment
Outcome: Appellant's appeal allowed in part; respondent's cross-appeal dismissed; permission to appeal to Supreme Court refused.
Legal Topics: Ex Gratia Payment, Costs, Appeal, Interim Payment

Banking Law Contract Law Ex Gratia Payment Costs Appeal Interim Payment

Case Brief

Summary, issues, holding and outcome

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Parties

Rubenstein

Appellant

HSBC Bank

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the appellant was entitled to judgment for the agreed sum after offsetting the ex gratia payment
2 Whether the respondent's cross-appeal should be allowed
3 Appropriate orders as to costs and interim payments

Ratio Decidendi

Court Disposition

Appellant's appeal allowed in part; respondent's cross-appeal dismissed; permission to appeal to Supreme Court refused.

Orders

Order of HHJ Havelock-Allan QC set aside including costs and interim payment order.
Judgment for appellant in the agreed sum of £112,543.28 inclusive of interest, to be paid by 4pm on 3 October 2012.