If you found BAILII useful today, could you please make a contribution?
Your donation will help us maintain and extend our databases of legal information. No contribution is too small. If every visitor this month donates, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM PLYMOUTH COUNTY COURT
(HIS HONOUR JUDGE TYZACK QC)
Strand, London, WC2A 2LL |
||
B e f o r e :
____________________
HARRIS |
Appellant |
|
- and - |
||
NATWEST |
Respondent |
____________________
WordWave International Limited
A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.
____________________
Crown Copyright ©
Lord Justice May:
"If there is any surplus, we do not agree to any of the surplus going direct to Mr Albert Harris, with whom the administrators of Mrs F D Harris are still in dispute."
"The resulting sum will only be distributed on the joint written authority of Mr Harris and the co-administrators of the estate of Mrs F D Harris as previously advised."
"1 Your complaint appears to be that you should have received more than £6,470.95 paid to you in May 2003, and that it should have been received earlier.
2 This complaint did not give you any cause of action against the bank. The delay in payment was due to a failure to agree or resolve the matter with Peter Peter and Sons [they were the solicitors for Mr Harris's mother's estate].
3 If you had a claim for breach of contract with the bank (which you did not) it was in any event statute barred."
Order: Application refused