The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
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:
Negligence—key elements to establish a negligence claim
Negligence—when does a duty of care arise?
Negligence—when is the duty of care breached?
For guidance on professional negligence claims, see: Professional negligence claims—overview.
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
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
The Public Private Partnership (PPP) models are a popular way for governments to involve private investment, expertise and risk in procuring infrastructure, with the potential to deliver a project more efficiently and economically. One of the most popular PPP models for procuring infrastructure
The roles of nominated officer and money laundering reporting officerA nominated officer is an individual who is nominated by a firm to receive disclosures under Part 7 of the Proceeds of Crime Act 2002 (POCA 2002) or Part III of the Terrorism Act 2000 (TA 2000)—see Requirement to appoint a
An intention to create legal relations is requiredThere are various situations in which a court will hold that an agreement is not binding because, though supported by consideration, it was made without any intention of creating legal relations (see, eg, Blue v Ashley).Did the parties intend to
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.