“… in contract in relation to its conduct of the review. The judge referred to and applied what Phillips J said in Marsden v Barclays Bank [2016] EWHC 1601 (QB); [2016] 2 Lloyd’s Rep 420 at [71]: “the bank undertook the review process as part of its regulatory obligations and agreement with FCA but did not intend to contract with the participan…”
“…That judgment was followed and applied by Phillips J in Marsden v Barclays Bank [2016] EWHC 1601 (QB); [2016] 2 Lloyd’s Rep 420, who put the point succinctly at [71]:…”