“…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 proceedi…”
“…hich the appellants brought 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.…”
“…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 plc [2017] EWCA Civ 1073, [2017] CTLC 97; cf Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4.…”