Robin Joseph Lee & Anor v National Westminster Bank PLC

Robin Joseph Lee & Anor v National Westminster Bank PLC

Permission to amend the Particulars of Claim is granted except for the Negligent Misstatement Claim and Mr Lee's nominal damages claim, which lack real prospect of success. The daily loss claim for LSL may proceed only if further particulars and documents are provided by 31 July 2024. The Bank's application succeeds...

Source-derived case information.

Parties
Claimant: Robin Joseph Lee; Claimant: Leeway Services Ltd; Defendant: National Westminster Bank PLC
Jurisdiction
England and Wales
Judgment Date
15 July 2024
Procedural Posture
Commercial / Interlocutory Judgment on Strike Out and Summary Judgment Application
Outcome
Bank's application for strike-out and summary judgment succeeds in part; permission to amend granted with exceptions.
Legal Topics
Strike Out, Summary Judgment, Implied Terms, Breach of Contract, Complaints Procedure, Credit Reference Reporting
Contract Law Banking Law Civil Procedure Strike Out Summary Judgment Implied Terms Breach of Contract Complaints Procedure +1 more

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Parties

Robin Joseph Lee

Claimant

Leeway Services Ltd

Claimant

National Westminster Bank PLC

Defendant

Procedural Posture

Commercial / Interlocutory Judgment on Strike Out and Summary Judgment Application

Legal Issues

  1. 1 Whether the Claimants' claims disclose a real prospect of success under CPR 24.2 and CPR 3.4(2)
  2. 2 Whether the Bank breached express and implied terms regarding complaints handling and account name change
  3. 3 Whether the Bank's conduct caused recoverable losses to the Claimants

Ratio Decidendi

Permission to amend the Particulars of Claim is granted except for the Negligent Misstatement Claim and Mr Lee's nominal damages claim, which lack real prospect of success. The daily loss claim for LSL may proceed only if further particulars and documents are provided by 31 July 2024. The Bank's application succeeds in part due to defective pleading and lack of causation in certain claims.

Court Disposition

Bank's application for strike-out and summary judgment succeeds in part; permission to amend granted with exceptions.

Orders

  • Claimants permitted to serve draft Amended Particulars of Claim, excluding Negligent Misstatement Claim and Mr Lee's nominal damages claim.
  • LSL's daily loss claim may proceed only upon provision of further particulars and documents by 31 July 2024.