Commissioners of Customs and Excise v Barclays Bank Plc
| Jurisdiction | UK Non-devolved |
| Judge | LORD BINGHAM OF CORNHILL,LORD HOFFMANN,LORD RODGER OF EARLSFERRY,LORD WALKER OF GESTINGTHORPE,LORD MANCE |
| Judgment Date | 21 June 2006 |
| Neutral Citation | [2006] UKHL 28 |
| Court | House of Lords |
| Date | 21 June 2006 |
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224 cases
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FXJ v Secretary of State for the Home Department
...from the respondent's immigration responsibilities. The case was indistinguishable from Customs and Excise Commissioners v Barclays Bank [2006] UKHL 28, [2007] 1 AC 181 and Business Computers International Ltd v Registrar of Companies [1988] Ch 229, where there was held to be no duty of ......
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Benjamin v KPMG Bermuda (A Firm) and KPMG Barbados (A Firm)
...MarwickUNK [2001] BCLC 589 Ultramares Corp v George A Touche (1931) 255 NY 170 Customs & Excise Commissioners v Barclays Bank plcUNK [2006] 4 All ER 256 Caparo plc v DicksonELR [1990] 2 AC 605 Smith v Eric S. BushELR [1990] 1 AC 831 Dutton v Bognor Regis UDCELR [1972] QB 374 Mutual Life and......
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Woolaston (Leo Hugh) and Others v Aubrey George Brown and Others
...of Lords had to say in 2006. In that year it was put to the House of Lords by the litigants in Customs and Excise v Barclays Bank plc [2007] 1. A.C. 181 that there were three tests used in economic tort cases. The three tests were said to be (a) the assumption of responsibility test; (b) th......
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Ocean Chimo Ltd v Royal Bank (Jamaica) Ltd (RBC) and Others
...a real prospect of success at trial. 205 They relied on the reasoning in the case of Customs and Excise Commissioners v Barclays Bank plc [2006] UKHL 28 where the head note reads: ‘That the test used in considering whether a defendant sued as causing pure economic loss owed a duty of care d......
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8 firm's commentaries
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Giving professional advice for free – what is my liability?
...applied the correct test. In doing so, it cited the House of Lords’ decision in Commissioners of Customs and Excise v Barclays Bank plc [2006] UKHL 28 which makes it clear that the assumption of responsibility test is appropriate in cases involving a relationship akin to a contractual relat......
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Professional Negligence In The Construction Field
...– this case is difficult to reconcile with Henderson and is probably wrong 31. Commissioners of Customs and Excise v Barclays Bank plc [2007] 1 AC 181 per 32. [1995] 2 AC 296 per L.Goff pp.316-319 33. [1995] 2 AC 207 per L.Goff p.268; L.Browne-Wilkinson pp.270 & 274; L.Nolan pp.293-4 34......
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The Role Of Banks In Fraud And Asset Recovery Litigation
...compliance of the Order by its customer (see the UK House of Lords decision of Customs and Excise Commissioners v Barclays Bank plc [2006] 3 WLR 1). In this regard, it is imperative to take note of the Malaysian Federal Court decision of Monatech (M) Sdn Bhd v Jasa Keramat Sdn Bhd [2002] 4 ......
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Auditors' Liability To Third Parties: An Alternative Approach
...of a greater number of policy factors in cases involving auditors' liability to third parties. In Customs Excise v. Barclays Bank, [2006] UKHL 28 ("Barclays Bank"), the Customs and Excise Commissioners obtained a Mareva injunction freezing assets of two customers of Barclays Bank. When the ......
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24 books & journal articles
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The legal and commercial frameworks
...Westminster City Council [2002] 1 aC 321 at 334 [35], per Lord Cooke (hL(E)); HM Commissioners for Customs & Excise v Barclays Bank plc [2007] 1 aC 181 at 196 [20], per Lord Bingham; Jones v Kaney [2011] UKSC 13 at [74]–[81], per Lord Collins; Bingham, “he Break with the privy Council and t......
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Litigation
...judgment debt, but it may have the efect of providing such security: HM Commissioners for Customs & Excise v Barclays Bank plc [2007] 1 AC 181 at 193 [10], per Lord Bingham; Fourie v Le Roux [2007] 1 WLR 320 at 322 [2], per Lord Bingham. his may be contrasted with the procedure for arrestme......
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Asset Preservation Orders - Mareva Injunctions
...1048, discussed in Chapter 2, Section H. 162 Z Ltd , above note 133 at 572. 163 Customs and Excise Commissioners v Barclays Bank plc , [2006] UKHL 28 [ Barclays Bank ]. 164 JSC BTA Bank v Khrapunov , [2018] UKSC 19 at para 22. All that Barclays Bank , above note 163, decided is that contemp......
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Asset Preservation Orders - Mareva Injunctions
...the boyfriend to shift all the funds in the account to Romania. The claimant commenced proceedings against the bank arguing negli-106 [2006] UKHL 28. 107 Kovacs v. TD Financial Group , 2010 ONSC 6111; and Laiken v. Carey , 2011 ONSC 5892. 108 Glenwood Label & Box Mfg Ltd. v. Brunswick Label......
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