Practice and Procedure

CAMPDEN HILL LTD v FAZIL CHAKRANI & 6 ORS (2005)

PUBLISHED May 20, 2005
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The claimant company was entitled to recover monies paid into a solicitors' bank account under an unauthorised loan agreement secured against a client's property by a solicitor using forged documentation. The firm of solicitors was liable for the whole of the principal sum as well as the facility fee, discounted to allow for the chance that the recipient of the loan, had it been genuine, would have persuaded the court that the loan was extortionate. The claimant was entitled to trace into the majority of the funds paid out to the solicitor's client.

[2005] EWHC 911 (Ch)

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