“…EWHC 2613 (QB)), but then lost on appeal on the ground that BNL did not owe the Club a duty of care in relation to the credit reference provided to Burlington ([2016] EWCA Civ 457). That result was recently confirmed by the Supreme Court in Banca Nazionale del Lavoro SpA v Playboy Club London Ltd [2018] UKSC 43. The issue in the present …”
“…J). The different tests usually lead to the same answer and can be used as cross-checks on each other: Playboy Club London Ltd v Banca Nazionale del Lavoro SpA [2016] EWCA Civ 457, [2016] 1 WLR 3169, at paragraph 17. They are complementary and should not be considered in isolation from each other: CGL Group Ltd v Royal Bank of Scotland p…”