Lloyds Bank Plc v McBains Cooper Consulting Ltd [2015] EWHC 2372 (TCC) (02 October 2015)

Lloyds Bank Plc v McBains Cooper Consulting Ltd [2015] EWHC 2372 (TCC) (02 October 2015)

McBains Cooper was negligent in confirming the adequacy of the facility and failing to report significant variations and costs, but Lloyds Bank also failed to act on clear warnings and did not properly assess the adequacy of the facility. Both parties fell below the standard expected, and liability is apportioned accordingly.

Citation
[2015] EWHC 2372 (TCC)
Parties
Claimant: Lloyds Bank plc; Defendant: McBains Cooper Consulting Ltd
Jurisdiction
England and Wales
Judgment Date
02 October 2015
Procedural Posture
Commercial Negligence Claim / Final Judgment After Trial
Outcome
Liability apportioned; both parties found negligent
Legal Topics
Project Monitoring, Duty of Care, Causation, Reliance, Damages
Professional Negligence Banking Law Construction Law Project Monitoring Duty of Care Causation Reliance Damages

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 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Lloyds Bank plc

Claimant

McBains Cooper Consulting Ltd

Defendant

Procedural Posture

Commercial Negligence Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether McBains Cooper breached its duty of care as project monitor to Lloyds Bank
  2. 2 Whether Lloyds Bank relied on McBains Cooper's advice
  3. 3 Causation of loss and apportionment of responsibility

Ratio Decidendi

McBains Cooper was negligent in confirming the adequacy of the facility and failing to report significant variations and costs, but Lloyds Bank also failed to act on clear warnings and did not properly assess the adequacy of the facility. Both parties fell below the standard expected, and liability is apportioned accordingly.

Court Disposition

Liability apportioned; both parties found negligent

Orders

  • McBains Cooper liable for negligent advice and reporting; damages to be assessed
  • Lloyds Bank's own negligence reduces recoverable damages