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England and Wales Court of Appeal (Civil Division) Decisions
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Hussain & Anor v Bank of Scotland Plc  EWCA Civ 264 (08 March 2012)
Cite as:  EWCA Civ 264
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ON APPEAL FROM THE HIGH COURT OF JUSTICE
THE HON MR JUSTICE NEWEY
Strand, London, WC2A 2LL
B e f o r e :
LORD JUSTICE TOULSON
LORD JUSTICE KITCHIN
| AFZAAL HUSSAIN
MONA QUTB (by her litigation friend AZAM QUTB)
|- and -
|BANK OF SCOTLAND PLC
MR AZAM QUTB appeared in person
MR THOMAS GRANT and MR LAURIE SCHER (instructed by Underwood Solicitors LLP) for the Respondent
Hearing date: 31st January 2012
Crown Copyright ©
Lord Justice Mummery:
"1. The case raises a familiar question: which of two innocent parties is to bear loss caused by the wrongdoing of a third party?"
"I am the son of Mona Qutb and am acting as her litigation friend in this action. My mother suffers from Alzheimer's disease and I am appointed as her Deputy by the Public Guardianship Office since 2006."
" 6.3 It cannot be right that the Second Defendant [Mrs Qutb], as a consequence of reclaiming title to the property from the First Defendant [Mr Hussain] (and thereby bettering her position) finds herself in a worse position than that in which she previously stood before she recovered title to the property.
6.4 The Second Defendant would be content for an appeal to fail on this ground on the express basis that the Claimant will have to redeem the Second Defendant's prior right by paying her the first £80,000 of the net proceeds of the sale of the property."
Lord Justice Toulson:
Lord Justice Kitchin: