Criminal Client Loses Spread Betting Firm A Bundle
Spread Betting Company Loses Big TimeCharter plc and another v City Index Ltd (David Gawler and others,
Pt 20 Defendants
Chancery Divison
13 October 2006
Daily Law Notes SummaryA claim for knowing receipt of funds transferred in breach of
trust was one “to recover compensation … in respect of damage” for
the purposes of s 6 of the Civil Liability (Contribution) Act
1978. Accordingly, a person liable as a knowing recipient was
entitled to recover a contribution from any other person
responsible for the damage to the trust. Sir Andrew Morritt C so
held in the Chancery Division when allowing, for other reasons, an
application by David Gawler and 12 others for summary dismissal of
a claim by City Index Ltd for a contribution to a settlement it
had agreed in proceedings brought against it by Charter plc and
Charter Central Finance Ltd.