Mistaken Bank Payments: Commercial Certainty Counts
This article critically analyses a leading English case on mistaken payments — Barclays Bank v Simms  QB 677 — and the subsequent application of its reasoning to mistaken bank payments involving three parties (a customer, paying bank, and recipient). The article examines factors that account for the acceptance Simms has received and identifies factors that distinguish three party cases from two party cases (involving a payer and a recipient). Building upon its analysis of other leading UK cases and the US position, it advances a new theoretical approach for three party cases.
Publisher: Otago Law Review Trust Board
Keywords: Barclays Bank v Simms; Banking Law; Finance Law; England; US
Research Type: Journal Article