Armstrong DLW GmbH v Winnington Networks Ltd [2012] EWHC 10 (Ch), [2012] All ER (D) 64 (Jan)
Chancery Division, Stephen Morris QC (sitting as a Deputy High Court Judge), 11 Jan 2012
The receipt by the defendant of European Union Allowances (EUAs) from the claimant occasioned by third party fraud was unconscionable in circumstances where the defendant willfully and recklessly failed to make such inquiries as an honest and reasonable man would make.
Luke Harris (instructed by Stephenson Harwood) for the claimant. Victor Joffe QC (instructed by Myers & Sons Solicitors) for the defendant.
The claimant was a company with its registered office in Germany. The defendant was a company registered in England. In January 2010, 21,000 carbon emission allowances known as European Union Allowances (EUAs) were transfered from the claimant’s own carbon emissions account at the German emissions trading scheme registry to the defendant’s carbon emissions account at the UK greenhouse gas emissions trading scheme registry. The transfer was effected as a result of an e-mail fraud perpetrated on the claimant by an unknown third party. The EUAs were immediately
