ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
LONDON MERCANTILE COURT
HIS HONOUR JUDGE MACKIE Q.C.
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE LLOYD
MR JUSTICE LEWISON
| JOHN LANE
|- and -
|(1) CULLENS SOLICITORS
(2) BOWLING & CO LLP
(3) BOWLING & CO (SOLICITORS) LLP
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A Merrill Communications Company
190 Fleet Street, London EC4A 2AG
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Official Shorthand Writers to the Court)
Jamie Carpenter (instructed by Weightmans LLP) for the Respondents
Hearing date: 19 April 2011
Crown Copyright ©
Lord Justice Lloyd:
"One of those principles is that if a trustee or other person in a fiduciary capacity has received notice that a fund in his possession is, or may be, claimed by A, he will be liable to A if he deals with the fund in disregard of that notice should the claim subsequently prove to be well founded."
"But I would prefer to put my decision on the simple basis that the possibility of an obligation to pay money in the future is not in itself damage."
"In a sense, Mr Spencer's Francovich cause of action was contingent: if well founded, it could be said to have been contingent on Boots not having been negligent and not having committed a relevant breach of the Manual Handling Regulations but having been in breach of the Management and Health and Safety at Work Regulations. But these are not true contingencies, in the sense of events that may or may not occur. They are facts that occurred when he suffered his injury. There may be cases where such facts are undisputed; there will be cases where they are the subject of dispute. But the existence of a dispute does not detract from the fact that they have already occurred."
Mr Justice Lewison
Lord Justice Ward