Barclays Bank Plc v Quincecare Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1992 |
| Year | 1992 |
| Date | 1992 |
| Court | Queen's Bench Division |
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial
114 cases
-
Fiona Lorraine Philipp v Barclays Bank UK Plc
...transactions were conducted. The Court of Appeal derived the alleged duty by extrapolating from the reasoning in Barclays Bank plc v Quincecare Ltd([1992] 4 All ER 363). In that and other similar cases courts had held that a bank had a duty not to execute a payment instruction given by an a......
-
Tulip Trading Ltd (a Seychelles company) v Wladimir Van Der Laan
...have the effect of depriving owners of their digital assets. 93 In oral submissions Mr Wardell also relied on Barclays Bank v Quincecare [1992] 4 All ER 363 (“ Quincecare”) (which established a duty of care in the form of the existence of an implied term that a bank would refrain from execu......
-
Singularis Holdings Ltd (in Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd
...'S BREACH OF FIDUCIARY DUTY ? 143 VIII . THE CLAIM IN NEGLIGENCE 163 (a) The scope of the bank's duty under Lipkin Gorman and Quincecare 163 (b) Was Daiwa subject to a Quincecare duty in respect of the money in the Singularis account? 171 (i) Is the claim precluded by the fact......
-
Hsu Ann Mei
...may be acting in breach of its duty to comply with the client’s instructions: see, eg, Barclays Bank plc v Quincecare Ltd and another [1992] 4 All ER 363 at 374–375, 376G–H (“Quincecare”), citing Lipkin Gorman v Karpnale Ltd and another [1987] 1 WLR 987 at 1006 per Alliott J at first instan......
Get Started for Free
17 firm's commentaries
-
High Court Dismisses Quincecare Duty Claim Giving Guidance On The Scope And Nature Of The Duty
...basis that the payments were made in breach of the Quincecare duty of care, named after the case of Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363 in which this duty of care was first described. There was no allegation that the Bank knew about or was in any way involved in the alleg......
-
Asset Recovery Claims By Victims Of Fraud
...legal personalities of the Administrator and the Custodian. 7. [2017 (2) CILR 334] at 345. 8. Named after the case of Quincecare Ltd [1992] 4 All ER 363, where the duty was first 9. Singularis v Daiwa Capital Markets Europe [2019] UKSC 50, at paragraph 17. 10. Ibid, at paragraph 23. The con......
-
High Court Finds Developers Did Not Owe Duty To Cryptoasset Owners To Enable Access To Lost Cryptoassets
...reasonable to impose a duty of care. Falk J was also not persuaded by the claimant's reliance by analogy on Barclays Bank v Quincecare [1992] 4 All ER 363, where a duty of care was established in the context of a contractual relationship between bank and customer where the bank also acted a......
-
Philipp V Barclays Bank: UK Supreme Court Provides Definitive Guidance On The Quincecare Duty
...for victims of APP Fraud and demonstrates that the legislature is taking steps to address the issue. Footnotes 1. [2023] UKSC 25. 2. [1992] 4 All ER 363. 3. [2021] EWHC 10 4. [2022] EWCA Civ 318). 5. Paragraph 61. 6. [2017] EWHC 257 (Ch), [2017] Bus LR 1386. Originally published 24 July 202......
Get Started for Free
2 books & journal articles
-
Adieu to Attribution
...gave feedback on twodrafts, Harrison Fookes and Professor Peter Watts QC for their comments.Mistakes are attributable to me alone.1 [1992] 4 All ER 363 (QB).2ibid, 376, cited with approval in Lipkin Gorman vKarpnale Ltd [1989] 1 WLR 1340, 1356 perMay LJ (reversed in part on dierent g round......
-
OF PROHIBITIONS ON ASSIGNMENTS, RESTRICTIVE COVENANTS AND NEGATIVE PLEDGES IN COMMERCIAL LAW: CLOGS ON COMMERCE
...interest prevailed. 68 [1992] 4 All ER 700 at 761. 69 The approach was revived by Vinelott J in Eagle Trust Plc v SBC Securities[1992] 4 All ER 363, noted [1991] Sing L Rev 54. It is also done in equitable tracing to solve problems of identification. See Abdul Ghani El Ajou v Dollar Land Ho......