Case details

Magner and another (Appellants) v Royal Bank of Scotland International Ltd (Respondent) (Gibraltar)

Case ID: JCPC 2018/0074

Jurisdiction: The Court of Appeal of Gibraltar

Case summary

Issue(s)

Whether the Court of Appeal should have ordered a retrial.

Facts

The appellants’ solicitors stole approximately £6.9m plus interest from the appellants’ client accounts with RBS. The appellants sued RBS for dishonest assistance in the theft and knowing receipt of some of the money. The trial involved allegations of dishonesty against seven named employees of RBS. On 10 August 2017 the Judge upheld the allegations against one of the seven employees, found against RBS on that basis and required it to compensate the appellants. The Court of Appeal allowed RBS’s appeal on the basis that the Judge’s approach to the case and assessment of the evidence was fatally flawed.

Parties

Appellant(s)
  1. Jim Martin Magner
  2. T & T Trustees Ltd
Respondent(s)

Royal Bank of Scotland International Limited

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Hodge, Lord Briggs, Lady Arden

Hearing start date

10 Oct 2019

Hearing finish date

10 Oct 2019