Magner and another (Appellants) v Royal Bank of Scotland International Ltd (Respondent) (Gibraltar)

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Case summary

Case ID

JCPC/2018/0074

Jurisdiction

Gibraltar

Parties

Appellant(s)

(1) Jim Martin Magner

(2) T & T Trustees Ltd

Respondent(s)

Royal Bank of Scotland International Limited (‘RBS’)

Issue

Whether the Court of Appeal should have ordered a retrial.

Facts

The appellants’ solicitors stole approximately £6.9m plus interest from the appellants’ client accounts with RBS. The appellants sued RBS for dishonest assistance in the theft and knowing receipt of some of the money. The trial involved allegations of dishonesty against seven named employees of RBS. On 10 August 2017 the Judge upheld the allegations against one of the seven employees, found against RBS on that basis and required it to compensate the appellants. The Court of Appeal allowed RBS’s appeal on the basis that the Judge’s approach to the case and assessment of the evidence was fatally flawed.