Theft Act 1968 -Preddy case (1996)

Does anyone get the preddy case and how it is relevent to theft act 1968 i know its to do with property belonging to another but not sure the facts or how it fits in?

Can anyone help?

Reply 1

Katy200

13

have you tried lawteacher . net. Thats pretty useful. I havent done this case so i dont really know.

Reply 2

Triplet1

13

"^[Deception - property belonging to another - bank account is a thing in action]

D applied for money to be secured by mortgages. In each case D made statements which he knew to be false. The money was transferred to D’s bank electronically.

D was charged with dishonestly obtaining and attempting to obtain advances by way of mortgages (1968 Act, s 15(1)).

Held: When D's bank account was credited, he did not obtain a lender’s chose in action. On the contrary, that chose in action was extinguished or reduced and a chose in action was brought into being representing a debt in an equivalent sum owed by D’s bank to D. So D had not obtained property belonging to another.

Not guilty.

Comment: This case lead to the immediate passing of the Theft (Amendment) Act 1996 which effectively describes what Preddy did and declares that to be an offence.

Also here.

Preddy was considered in Sofroniou"

^^^ from sixth form law.

It shows a bank account is a "thing of action".

Reply 3

mp249

OP

Oh lovely thanks, i mysteriously found it amoungst the mountain of notes I have! Thanks for the help!