Barclays Bank Plc v Quincecare Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1992 |
| Date | 1992 |
| Year | 1992 |
| Court | Queen's Bench Division |
-
- This document is available in original version only for vLex customers
View this document and try vLex for 7 days - TRY VLEX
- This document is available in original version only for vLex customers
101 cases
-
Singularis Holdings Ltd (in Official Liquidation) (A Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd
... 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 fac......
-
Tulip Trading Ltd (a Seychelles company) v Wladimir Van Der Laan
...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 executing......
-
Hsu Ann Mei Amy (personal representative of the estate of Hwang Cheng Tsu Hsu, deceased) v Oversea-Chinese Banking Corp Ltd
...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......
-
John Spencer Harvey v Dunbar Assets Plc
...& R. 426. 365. [1938] A.C. 156. 366. Byblos Bank SAL v Al-Khudhairy [1987] B.C.L.C. 232; Gray v TCB Ltd [1988] F.L.R. 116. cf. Barclays Bank Plc v Quincecare (1988) reported [1992] 4 All E.R. 363. 367. James Graham & Co (Timber) Ltd v Southgate Sands [1985] 2 All E.R. 344. 368. Capital Ba......
Request a trial to view additional results
26 firm's commentaries
-
The UK Supreme Court Re-Visits Attribution Of Directors' Knowledge And The Illegality Defence Once More
...bank had been negligent, with Singularis being held 25% contributory negligent. As established in Barclays Bank Plc v Quincecare Ltd [1992] 4 All E.R. 363, an implied term of the contract between a bank and its customer is that the bank owes a duty of care not to execute the customer's orde......
-
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......
-
UK Supreme Court upholds first successful claim for breach of the "Quincecare" duty financial institutions owe their customers
...institutions that have facilitated the misappropriation of funds in the absence of dishonest assistance. Click here to download PDF. 1 [1992] 4 All ER 363. 2 Subject to the conflicting duty to execute orders promptly in order to avoid causing financial loss to the customer. 3 See paragraph ......
-
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......
Request a trial to view additional results
5 books & journal articles
-
Bank and Customer Relationships
...Westminster Bank , [1978] 1 W.L.R. 798 (Ch. D.). 207 [1989] 1 W.L.R. 1340 (C.A.). See also Barclays Bank plc v. Quincecare Ltd ., [1992] 4 All E.R. 363 (C.A.). 208 [1995] 2 A.C. 378 (P.C.) [ Tan ]. 209 Above note 202. Compare the earlier cases to the opposite effect: Gray v. Johnston (1868)......
-
Bank Account Operation
...the movements in accounts; and 6 Joachimson v. Swiss Bank Corp ., [1921] 3 K.B. 110 (C.A.); Barclays Bank plc v. Quincecare Ltd ., [1992] 4 All E.R. 363 (Q.B.D.). 7 Schimnowski v. Schimnowski , [1996] 6 W.W.R. 194 (Man. C.A.). 8 See Section C(3), below in this chapter. 9 Simpson v. Dolan (1......
-
Table of cases
...Bank plc v. O’Brien, [1994] 1 A.C. 180 (H.L.) ..................................... 209 Barclays Bank plc v. Quincecare Ltd., [1992] 4 All E.R. 363 (C.A.) .......... 228, 269 Barclays Bank plc v. Taylor, [1989] 1 W.L.R. 1066 (C.A.)326 ............................ 326 Barclays Bank plc v. Th......
-
The Liabilities of Financial Intermediaries and Their Advisers for Handling the Proceeds of Crime
...to be liable as a constructive trustee. REFERENCES (1) Lipkin Gorman v Karpnale [1989] 1 WLR 1340 CA and Barclays Bank v Quincecare [1992] 4 All ER 363. (2) Doth heads are reflected in the speech of Lord Selborne LC in Barnes v Addy (1874) 9 Ch App 244 at 251. (3) See Royal Brunei Airlines ......
Request a trial to view additional results