“…As was held in CGL Group Ltd v Royal Bank of Scotland both at first instance ([2016] EWHC 281 (QB) at [39]) and in this court ([2017] EWCA Civ 1073, [2018] 1 WLR 2137 at [86]), the review agreement was one made between the bank and the FCA by way of compromise; and as an alternative to enforcement proceedings. An agreement o…”
“…ought in tort. The appellants recognise that, following the decision of the Court of Appeal in CGL Group Ltd v Royal Bank of Scotland plc [2017] EWCA Civ 1073; [2018] 1 WLR 2137, that banks do not owe customers a duty of care in tort in respect of the conduct of the FCA review, Ground 2 was not sustainable.…”