The judge who ruled against Jyske Bank in a multi-million pound lawsuit stemming from the collapse of Marrache & Co was “unjustified and wrong” in many of his key findings, the Court of Appeal said yesterday as it ordered a re-trial.
The Court of Appeal found “material errors” and “unfair” conclusions in Puisne Judge Adrian Jack’s judgement in the claim brought by the liquidators of Marrache & Co, who accused the bank of dishonestly assisting senior partners of the firm to defraud their clients.
In his original judgement, Mr Justice Jack found Jyske Bank employee Bill Bishop had been “dishonest” when managing client accounts of Marrache & Co and had not adhered to solicitors’ account rules.
But Sir Colin Rimer, in a judgement supported by Sir Maurice Kay, the President of the Court of Appeal, and Dame Janet Smith, stated Mr Justice Jack “did not stand back with sufficient objectivity” when considering dishonesty.
They found Mr Justice Jack’s criticism of Mr Bishop to be unwarranted.
The lawsuit filed by the liquidators of Marrache & Co, Edgar Lavarello and Adrian Hyde, sought to recover £6.7m plus interest following the collapse of the law firm in 2010.
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