Henderson & Anor v Royal Bank Of Scotland Plc [2008] ScotCS CSOH_146 (17 October 2008)

Henderson & Anor v Royal Bank Of Scotland Plc [2008] ScotCS CSOH_146 (17 October 2008)

The losses claimed by the pursuers were outside the scope of the duty of care owed by RBS, as the bank's duty was limited to providing information and did not extend to all financial consequences of the pursuers' decisions. The pleadings on loss were insufficiently specified, and while a duty to take reasonable care in providing information could be implied, it would not have altered the outcome given the remoteness and lack of specification of the losses claimed.

Citation
[2008] ScotCS CSOH_146
Parties
Pursuer: Nigel Henderson; Pursuer: Norma Henderson; Defender: Royal Bank of Scotland Plc
Jurisdiction
Scotland
Judgment Date
17 October 2008
Procedural Posture
Civil / Outer House, Court of Session – Opinion on Relevancy and Specification, Motion to Dismiss
Outcome
Action dismissed
Legal Topics
Negligent Misrepresentation, Breach of Contract, Duty of Care, Implied Terms, Damages, Causation, Remoteness of Damage
Contract Law Tort/delict Banking Law Negligent Misrepresentation Breach of Contract Duty of Care Implied Terms Damages +2 more

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Parties

Nigel Henderson

Pursuer

Norma Henderson

Pursuer

Royal Bank of Scotland Plc

Defender

Procedural Posture

Civil / Outer House, Court of Session – Opinion on Relevancy and Specification, Motion to Dismiss

Legal Issues

  1. 1 Whether RBS owed a duty of care to the pursuers for all losses claimed as a result of negligent misrepresentation regarding breakage charges.
  2. 2 Whether the pursuers' pleadings provided sufficient specification of loss to justify a proof before answer.
  3. 3 Whether a term should be implied into the loan agreements requiring RBS to provide an accurate figure for breakage charges.

Ratio Decidendi

The losses claimed by the pursuers were outside the scope of the duty of care owed by RBS, as the bank's duty was limited to providing information and did not extend to all financial consequences of the pursuers' decisions. The pleadings on loss were insufficiently specified, and while a duty to take reasonable care in providing information could be implied, it would not have altered the outcome given the remoteness and lack of specification of the losses claimed.

Court Disposition

Action dismissed

Orders

  • Defenders' first plea-in-law sustained
  • Action dismissed