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England and Wales Case Law

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Banking law [2014] EWHC 3043 (Ch)

Crestsign Ltd v National Westminster Bank Plc & Anor

Crestsign Ltd v National Westminster Bank Plc & Anor [2014] EWHC 3043 (Ch) (26 September 2014)

The High Court dismissed Crestsign’s negligence claim over an interest rate swap, holding the banks had excluded any advisory duty and had not given misleading information.

  • Bank liability
  • Interest rate swaps
  • Duty of care
  • Misrepresentation
  • Exclusion clauses
  • Unfair contract terms act 1977
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Contract law

HSBC Bank Plc v 5th Avenue Partners Ltd & Ors

The High Court held that HSBC was not liable to investors in contract, equity or negligence arising from stamped letters of instruction linked to a fraud.

  • Third party rights
  • Dishonest assistance
  • Negligence
  • Bank liability
  • Fraud
  • Ostensible authority
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Commercial law [2007] EWHC 1267 (Comm)

Abu Dhabi Investment Company & Ors v H Clarkson & Company Ltd & Ors

Abu Dhabi Investment Company & Ors v H Clarkson & Company Ltd & Ors [2007] EWHC 1267 (Comm) (25 May 2007)

The Commercial Court found that Norasia principals deliberately misled ADIC about vessel earnings and performance, amounting to deceit.

  • Fraudulent misrepresentation
  • Negligent misrepresentation
  • Deceit
  • Joint venture disputes
  • Professional negligence
  • Bank liability
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Banking law [2003] EWHC 2138 (Comm)

DP Mann & Ors v Coutts & Co.

DP Mann & Ors v Coutts & Co. [2003] EWHC 2138 (Comm) (16 September 2003)

Commercial Court claim by Lloyd’s syndicate claimants against Coutts & Co. over a client account letter and sweeper arrangement was dismissed.

  • Duty of care
  • Fiduciary accounts
  • Misrepresentation
  • Negligence
  • Binding authority
  • Client accounts
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Insolvency [2000] EWCA Civ 263

Bank Of Ireland v Hollicourt (Contracts) Ltd

Bank Of Ireland v Hollicourt (Contracts) Ltd [2000] EWCA Civ 263 (20 October 2000)

The Court of Appeal held that section 127 of the Insolvency Act 1986 voids post-petition payments to payees, but does not make the bank liable to restore the company’s account.

  • Section 127 insolvency act 1986
  • Void dispositions
  • Restitution
  • Bank liability
  • Liquidation
  • Mandate of bank
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.