The Federal Republic of Nigeria v JP Morgan Chase Bank, NA [2019] EWHC 347 (Comm) (21 February 2019)

The Federal Republic of Nigeria v JP Morgan Chase Bank, NA [2019] EWHC 347 (Comm) (21 February 2019)

The Quincecare duty of care was not excluded by the depository agreement; the contract did not contain clear wording sufficient to displace the valuable right conferred by the duty. The causation of loss issue was a triable matter requiring evidence, and the indemnity clause did not provide a complete defence to the...

Source-derived case information.

Citation
[2019] EWHC 347 (Comm)
Parties
Claimant/respondent: The Federal Republic of Nigeria; Defendant/applicant: JP Morgan Chase Bank, N. A.
Jurisdiction
England and Wales
Judgment Date
21 February 2019
Procedural Posture
Commercial Court Claim / Summary Judgment/strike Out Application
Outcome
Application for summary judgment and strike out dismissed
Legal Topics
Quincecare Duty of Care, Contractual Interpretation, Indemnity Clauses, Summary Judgment, Negligence
Banking Law Contract Law Tort Law Quincecare Duty of Care Contractual Interpretation Indemnity Clauses Summary Judgment Negligence

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

The Federal Republic of Nigeria

Claimant/respondent

JP Morgan Chase Bank, N. A.

Defendant/applicant

Procedural Posture

Commercial Court Claim / Summary Judgment/strike Out Application

Legal Issues

  1. 1 Whether the Quincecare duty of care applies to the depository account under the contract
  2. 2 Whether the contract excludes or limits the Quincecare duty of care
  3. 3 Whether causation of loss can be established

Ratio Decidendi

The Quincecare duty of care was not excluded by the depository agreement; the contract did not contain clear wording sufficient to displace the valuable right conferred by the duty. The causation of loss issue was a triable matter requiring evidence, and the indemnity clause did not provide a complete defence to the claim. The defendant's application for summary judgment or strike out failed.

Court Disposition

Application for summary judgment and strike out dismissed

Orders

  • The defendant's application is dismissed
  • The claim proceeds to trial on the merits