- Scope of lending bank’s duty to commercial borrower to treat the customer fairly (Morley v RBS)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Restructuring & Insolvency analysis: The court dismissed a commercial property developer’s claim for damages against the Royal Bank of Scotland (RBS), the claims having been brought in tort and contract. The judgment raises substantial questions for borrowers and lenders as to the circumstances in which a breach of term to exercise reasonable skill and care may arise, and the parameters of the torts of intimidation and duress. Hugh Sims QC and John Virgo, barristers at Guildhall Chambers in Bristol and counsel for the claimant, discuss the case.
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