Negligence—banks and the duty of care
Negligence—banks and the duty of care

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Negligence—banks and the duty of care
  • Quincecare duty—what is it?
  • Singularis—Supreme Court scope of Quincecare
  • Contractually limiting the Quincecare duty
  • Quincecare duty—who can bring a claim?
  • Banks—assumption of responsibility
  • Banks—volunteering advice
  • Conducting FCA ordered past business reviews—no duty of care
  • Beyond negligence—intimidation, duress

The number of claims against banks continues apace. This Practice Note focuses on specific issues arising in respect of the tortious duty of care owed by banks to their customers, namely the so-called ‘Quincecare duty of care’, assumption of responsibility and the volunteering of advice.

For guidance on negligence claims generally, see: Tort, negligence and nuisance claims—overview, and as to negligence specifically, see Practice Notes:

  1. Negligence—key elements to establish a negligence claim

  2. Negligence—when does a duty of care arise?

  3. Negligence—when is the duty of care breached?

For guidance on professional negligence claims, see: Professional negligence claims—overview.

Quincecare duty—what is it?

The so-called Quincecare duty of care is specific to the relationship between banks and their customers.

What has been termed the 'Quincecare duty of care' takes its name from the decision of Steyn J in Barclays Bank plc v Quincecare. The bank had, at the request of an individual (S), agreed to make a loan available to a newco to be established by S, for the acquisition of a number of chemists shops. An ‘all moneys’ guarantee was provided by a pharmaceuticals company who were to be newco's main supplier. Once the loan was approved, S directed the bank to pay the loan to a firm of solicitors who had not previously been involved in the transaction to set up newco or the acquisition of the shops. S had

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