CCP Graduate School Ltd v National Westminster Bank PLC & Anor [2024] EWHC 581 (KB) (14 March 2024)

CCP Graduate School Ltd v National Westminster Bank PLC & Anor [2024] EWHC 581 (KB) (14 March 2024)

The claims against the First Defendant are statute barred and must be struck out; no Quincecare duty arises on the pleaded facts. The application to amend to plead a retrieval duty against the First Defendant is refused as it constitutes a new cause of action outside the limitation period and does not arise from the same or substantially the same facts. Against the Second Defendant, the claim is statute barred except for acts or omissions on 18 October 2016; no Quincecare duty is owed to the Claimant as a third party, but the claim based on a retrieval duty is not struck out as the law is developing and there is arguable uncertainty.

Citation
[2024] EWHC 581 (KB)
Parties
Claimant: CCP Graduate School Limited; First Defendant: National Westminster Bank PLC; Second Defendant: Santander UK PLC
Jurisdiction
England and Wales
Judgment Date
14 March 2024
Procedural Posture
Civil (banking/commercial Fraud) / Summary Judgment And/or Strike Out Applications; Application to Amend Claim
Outcome
Claims against First Defendant struck out; application to amend refused; claim against Second Defendant struck out except for retrieval duty claim relating to acts/omissions on 18 October 2016, which is allowed to proceed.
Legal Topics
Quincecare Duty, Authorised Push Payment (app) Fraud, Limitation Periods, Summary Judgment, Strike Out, Retrieval Duty, Third Party Liability, Amendment of Pleadings
Banking Law Tort Law Contract Law Civil Procedure Quincecare Duty Authorised Push Payment (app) Fraud Limitation Periods Summary Judgment +4 more

Case Brief

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Parties

CCP Graduate School Limited

Claimant

National Westminster Bank PLC

First Defendant

Santander UK PLC

Second Defendant

Procedural Posture

Civil (banking/commercial Fraud) / Summary Judgment And/or Strike Out Applications; Application to Amend Claim

Legal Issues

  1. 1 Whether the claims against the First and Second Defendants are statute barred under the Limitation Act 1980
  2. 2 Whether a Quincecare duty or retrieval duty is owed by the Defendants to the Claimant
  3. 3 Whether the Claimant should be permitted to amend its claim to plead a retrieval duty

Ratio Decidendi

The claims against the First Defendant are statute barred and must be struck out; no Quincecare duty arises on the pleaded facts. The application to amend to plead a retrieval duty against the First Defendant is refused as it constitutes a new cause of action outside the limitation period and does not arise from the same or substantially the same facts. Against the Second Defendant, the claim is statute barred except for acts or omissions on 18 October 2016; no Quincecare duty is owed to the Claimant as a third party, but the claim based on a retrieval duty is not struck out as the law is developing and there is arguable uncertainty.

Court Disposition

Claims against First Defendant struck out; application to amend refused; claim against Second Defendant struck out except for retrieval duty claim relating to acts/omissions on 18 October 2016, which is allowed to proceed.

Orders

  • Claim against First Defendant struck out as statute barred and disclosing no reasonable cause of action.
  • Application to amend claim against First Defendant refused.