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United Bank Ltd v Hussain

Civil Evidence - Judge misdirected himself when considering appeal from prior restraint order by requiring proof to very high standard when ‘good arguable case’ was sufficient

27 September 2002

Mr Kara owned group of 12 filling stations known as The Kara Group. One such station was the Burslem Filling Station, which was franchised to Mr Hussain. The claimant was United Bank Ltd, which held two accounts for Mr Hussain at Oldham and Manchester. The claimant alleged it had been deceived into allowing Mr Hussain to incur a debt of £1.9 million by way of overdraft when the authorised overdraft limit on his Oldham account was £200,000. It was said that by manipulating the apparent state of that account, Mr Hussain deceived the bank into thinking that the account was more healthy than was really the case. This was allegedly achieved by the transfer of a great number of cheques (between the two accounts and between The Kara Group and the Oldham account) for both credits and debits which had the affect of concealing the true balance that was owed - a process known as the cross-firing of cheques. Mr Kara denied fraud and claimed that the £2.2 million paid into the Oldham account fro...

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