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Duty of care: Terms and conditions apply. Or do they?
The Court of Appeal rules on whether the Quincecare duty can be excluded by a bank’s terms and conditions. Jolyon Connell and Oliver Blundell explain ‘Even for commercial clients, to be valid, any limitation or indemnity clause will need to be in clear and prominent language within the terms and conditions.’ Bank fraud is an …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363
- JP Morgan Chase v The Federal Republic of Nigeria [2019] EWCA Civ 1641
- Singularis Holdings Ltd (in liquidation) v Daiwa Capital Markets Europe Ltd [2019] UKSC 50