Civil remedies for theft — issues for banks

Abstract

Thefts by employees raise interesting legal and practical issues for banks and other employers who wish to recover their money in civil actions. Immediately, there is the problem of the variable standard of proof required when pursuing a civil remedy for theft. Where spouses or others participate in the employees' theft the law of constructive trusts may also need to be examined. Additionally, there are important practical concerns associated with the gathering of evidence and the proof of loss. In this paper the writer considers those legal and practical concerns and then, by way of illustration, concentrates on the recent case of Bank of England v Gibson and others.

Citation

Cannon, L.M. (1995), "Civil remedies for theft — issues for banks", Journal of Financial Crime, Vol. 2 No. 4, pp. 290-294. https://doi.org/10.1108/eb025652