Continue reading "Negligence: Don’t bank on it: borrowers, lenders and the duty of care"
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Negligence: Don’t bank on it: borrowers, lenders and the duty of care
Alex Fox and Clare Arthurs report on a recent decision clarifying the duties of banks ‘Where a bank undertakes a regulated activity in circumstances where failure to comply with a statutorily imposed regulation is likely to cause damage to the counterparty, robbing it of its informed choice, a duty of care arises at common law …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Green & anor v The Royal Bank of Scotland plc [2012] EWHC 3661 (QB); [2013] EWCA Civ 1197
- Hedley Byrne & Co Ltd v Heller & Partners Ltd [1963] UKHL 4
- Shore v Sedgwick Financial Services Ltd [2007] EWHC 2059 (QB)
- X (Minors) v Bedfordshire County Council [1995] 2 AC 633