1999/183 - Representation of Royal Bank of Scotland [1999] UR 183 (19 October 1999)

1999/183 - Representation of Royal Bank of Scotland [1999] UR 183 (19 October 1999)

Mr Khan was not a party to the civil fraud but was a victim and is entitled to trace and recover his money from Hamptonne's account under equitable principles.

Citation
[1999] UR 183
Parties
Defendant: Hamptonne International Limited; Other: Alderney International Limited; Claimant: Mr Kenny M Khan; Other: Royal Bank of Scotland International Limited
Jurisdiction
Jersey
Judgment Date
19 October 1999
Procedural Posture
Civil / Judgment
Outcome
Judgment for claimant
Legal Topics
Equitable Tracing, Civil Fraud, Restitution, Mixed Bank Accounts
Equity Banking Law Fraud Equitable Tracing Civil Fraud Restitution Mixed Bank Accounts

Case Brief

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Parties

Hamptonne International Limited

Defendant

Alderney International Limited

Other

Mr Kenny M Khan

Claimant

Royal Bank of Scotland International Limited

Other

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether Mr Khan was party to the fraud
  2. 2 Whether the fraud was civil or criminal
  3. 3 Whether Mr Khan is entitled to trace and recover his money from Hamptonne's account

Ratio Decidendi

Mr Khan was not a party to the civil fraud but was a victim and is entitled to trace and recover his money from Hamptonne's account under equitable principles.

Court Disposition

Judgment for claimant

Orders

  • Mr Khan is entitled to recover approximately $90,000 traced to Hamptonne's account.
  • The bank is awarded indemnity costs.