Graiseley Properties Ltd & Ors v Barclays Bank Plc

Graiseley Properties Ltd & Ors v Barclays Bank Plc

The proposed amendments to plead implied representations and implied terms are sufficiently arguable and have a real prospect of success; objections raised by Barclays do not preclude permission to amend.

Parties
Claimant: Graiseley Properties Limited and others; Defendant: Barclays Bank PLC
Jurisdiction
England and Wales
Judgment Date
29 October 2012
Procedural Posture
Commercial Court Application / Application for Permission to Amend Particulars of Claim
Outcome
Permission to amend granted
Legal Topics
Implied Representations, Implied Terms, Fraudulent Misrepresentation, LIBOR Manipulation, Authority and Agency
Contract Law Banking Law Tort Law Implied Representations Implied Terms Fraudulent Misrepresentation LIBOR Manipulation Authority and Agency

Case Brief

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 5 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Graiseley Properties Limited and others

Claimant

Barclays Bank PLC

Defendant

Procedural Posture

Commercial Court Application / Application for Permission to Amend Particulars of Claim

Legal Issues

  1. 1 Whether claimants can amend particulars of claim to plead implied representations and implied terms
  2. 2 Whether implied representations were false and fraudulent
  3. 3 Whether Barclays had authority or authorisation for representations

Ratio Decidendi

The proposed amendments to plead implied representations and implied terms are sufficiently arguable and have a real prospect of success; objections raised by Barclays do not preclude permission to amend.

Court Disposition

Permission to amend granted

Orders

  • Claimants granted permission to amend particulars of claim as sought