Barness & Ors v Ingenious Media Ltd & Ors

Barness & Ors v Ingenious Media Ltd & Ors

The claims against the Banks for implied contractual duties, tortious duties of care, and vicarious liability are unsustainable. There is no pleaded or evidential basis for implying suitability terms into any contract between the Banks and claimants, nor for finding an assumption of responsibility or reliance necessary for a tortious duty of care. The relationship between the Banks and Formation does not satisfy the legal tests for vicarious liability, as Formation acted as an independent business. The claims disclose no reasonable grounds and have no real prospect of success.

Parties
Claimants: Mr Anthony Barness & Ors.; Defendants: Ingenious Media Limited & Ors.; Defendant: Coutts & Co; Defendant: National Westminster Bank plc
Jurisdiction
England and Wales
Judgment Date
03 December 2019
Procedural Posture
Civil (commercial) / Application to Strike Out And/or Summary Judgment
Outcome
Application granted; claims struck out and/or summary judgment entered for the Banks.
Legal Topics
Implied Contractual Terms, Banker Customer Relationship, Duty of Care in Tort, Vicarious Liability, Financial Advice Liability, Summary Judgment, Striking Out Pleadings
Banking Law Contract Law Tort Law Agency Law Implied Contractual Terms Banker Customer Relationship Duty of Care in Tort Vicarious Liability +3 more

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Parties

Mr Anthony Barness & Ors.

Claimants

Ingenious Media Limited & Ors.

Defendants

Coutts & Co

Defendant

National Westminster Bank plc

Defendant

Procedural Posture

Civil (commercial) / Application to Strike Out And/or Summary Judgment

Legal Issues

  1. 1 Whether the Banks owed implied contractual duties regarding suitability of loans/investments
  2. 2 Whether the Banks owed tortious duties of care to the claimants
  3. 3 Whether the Banks are vicariously liable for Formation's advice or actions

Ratio Decidendi

The claims against the Banks for implied contractual duties, tortious duties of care, and vicarious liability are unsustainable. There is no pleaded or evidential basis for implying suitability terms into any contract between the Banks and claimants, nor for finding an assumption of responsibility or reliance necessary for a tortious duty of care. The relationship between the Banks and Formation does not satisfy the legal tests for vicarious liability, as Formation acted as an independent business. The claims disclose no reasonable grounds and have no real prospect of success.

Court Disposition

Application granted; claims struck out and/or summary judgment entered for the Banks.

Orders

  • Contractual and tortious claims against the Banks struck out under CPR r 3.4(2)(a).
  • Summary judgment granted for the Banks on vicarious liability claims under CPR r 24.2.