Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

NIRU BATTERY MANUFACTURING CO. v. MILESTONE TRADING LTD. (NO. 2)

[2004] 2 Lloyd's Rep. 319

COURT OF APPEAL

Before President Dame Elizabeth Butler-Sloss, Lord Justice Clarke and Lord Justice Sedley

Restitution - Proceeds of letter of credit due to seller - Bank wrongfully paying proceeds of letter of credit to third party - Surveyor in breach of duty of care to seller by certifying that goods had been shipped - Bank and surveyor found to be jointly and severally liable to seller - Judgment satisfied by surveyor - Whether surveyor had right to indemnity or contribution from bank - Subrogation - Recoupment - Contribution - Civil Liability (Contribution) Act, 1978.

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