COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM HIGH COURT OF JUSTICE
(LORD CARLILE OF BERRIEW QC)
Strand London WC2 Monday, 9th July 2001 |
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B e f o r e :
and
LORD JUSTICE RIX
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Crown Copyright ©
Monday, July 9th 2001
"On 28th November 1997 the sixth Defendant, being a signatory on the first Defendant's account with the National Westminster Bank plc, drew a cheque on the said account in favour of the Claimant in payment of the first instalment of the rental due under the lease. The sixth Defendant thereby represented to the Claimant that the goods had been delivered to the first Defendant."
"If, which is not admitted by the Claimant, the signatures on the said documents were forged, the same were forged by the sixth Defendant and/or with the knowledge and consent of the second and/or sixth Defendant and in the further knowledge of both that the goods did not exist. In the premises the sixth and second Defendants conspired with each other to defraud the Claimant of the monies paid by the Claimant under the lease, by reason whereof the Claimant has suffered loss and damage."
"No acknowledgment of service having been filed, it is ordered that the sixth defendant must pay to the claimant an amount which the Court will decide and costs to prepare for the hearing."
"Master Prebble orders that application for directions for the assessment should await the outcome of the trial of liability as between the claimant and the second defendant."