Barclays Bank Plc v Quincecare Ltd
| Jurisdiction | England & Wales |
| Judgment Date | 1992 |
| Date | 1992 |
| Court | Queen's Bench Division |
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95 cases
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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......
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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......
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Sinclair Investments (UK) Ltd v Versailles Trade Finance Ltd
...it was obvious that the transaction was probably improper." 90 He then referred with approval to the statement of Steyn J in Barclays Bank plc v Quincecare Ltd [1992] 4 All ER 363, 377: "… it is right to say, that trust, not distrust, is also the basis of a bank's dealings with its custome......
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Singularis Holdings Ltd (in Official Liquidation) (a Company Incorporated in the Cayman Islands) v Daiwa Capital Markets Europe Ltd
...but held them to have done so negligently. Accordingly, Daiwa was in breach of the duty of care adumbrated by Steyn J in Barclays Bank plc v. Quincecare Ltd [1992] 4 All ER 363 (“ Quincecare ”), and it was irrelevant that only Singularis's creditors, who were not owed the duty, suffered ......
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22 firm's commentaries
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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......
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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 ......
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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......
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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......
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3 books & journal articles
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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......
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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 ......
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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......