fbpx

Money in a Bank Account Is Not Property – Guideline Court of Appeal Ruling

7th August 2018 By Arman Khosravi

Money in a bank account represents the debt due from the bank to the account holder and is not ‘property’ in the eyes of the law. The Court of Appeal made that point in quashing the convictions of a woman who was accused of abusing her position as a senior employee of a housing charity to steal almost £50,000.

The woman was alleged to have put in falsely inflated claims for overtime and other payments and was jailed for 16 months after a jury convicted her of six counts of theft. The payments had been signed off by a payroll company that was used by the charity and by the chair of its board of trustees.

In ruling on her appeal, however, the Court noted that the charity’s bank balance was, in legal terms, a ‘chose in action’ (essentially a right to something), rather than property. The woman was not a signatory on the bank account, nor was she authorised or empowered to make payments out of the account. In the absence of that critical element of control, she could not be said to have appropriated money from the account.

Although the charges against her could readily and appropriately have been framed as offences of fraud by false representation under the Fraud Act 2006, the Court found that she had instead wrongly been charged with thefts contrary to the Theft Act 1968. Given the jury’s findings of dishonesty against her, however, it was without enthusiasm that the Court allowed her appeal and overturned her convictions.

Source: Concious

Latest News

Court Sanctions Leg Amputation for Man Lacking Mental Capacity

24th April, 2024 By

The courts are often called upon to sanction treatment for patients whose ability to make decisions for themselves is impaired. In a recent case on point, the Court of Protection had to decide whether it was in the best interests of a man with mental health issues to have his right leg amputated above the knee. The man, aged 60, was taken to hospital by his niece. He was found to have an ulcerated leg. He had a history of paranoid schizophrenia, and believed that the sores on his leg...

High Court Grants Parental Order Despite Previous Adoption

18th April, 2024 By

In law, adopted children are regarded as having been born to their adoptive parents. The Family Division of the High Court recently considered whether that fact precluded a parental order being granted under the Human Fertilisation and Embryology Act 2008 (HFEA) in respect of a child born via surrogacy. A couple who lived in the USA had entered into a surrogacy arrangement with another woman. An adoption order naming the couple as the child's parents had been made by a US court and was automatically recognised under UK law. However,...

Flat Owner Not Liable for Pre-existing Structural Issues

16th April, 2024 By

When building owners carry out works on their property, are they liable for damage to adjoining properties that results from pre-existing structural issues? The Court of Appeal recently provided welcome clarification on that question. The owner of a ground-floor flat wished to extend it by building out into his garden. He served notices on owners of adjoining properties, as required by the Party Wall etc. Act 1996. The works caused the rear wall of two adjoining properties to drop by about 2 mm, which led to internal walls and floor...

Challenge to Will's Validity Rejected by High Court

12th April, 2024 By

The best way to ensure your assets will be distributed as you wish is to have your will professionally drafted by a qualified solicitor. In a recent case, a challenge to the validity of an elderly man's will was dismissed by the High Court. The man had previously made a will in 2011, leaving most of his estate equally to his three children. In 2018, by which time one of his sons had predeceased him, he made a further will, leaving the residue of his estate to his other son...