“…uty itself was one aspect of a bank’s overall duty to exercise reasonable skill and care in the services it provides. Also, at first instance in the same case ([2019] EWHC 347 (Comm)) Andrew Burrows QC at paragraph 30 noted that recognising the duty of inquiry aspect of the Quincecare duty, would be in line with sound policy because “in the…”
“…urrows QC (sitting as a Deputy High Court Judge) dismissed that application for reasons set out in his judgment handed down on 21 February 2019 and reported at [2019] EWHC 347 (Comm). At paragraph 6 of his judgment, the judge summarised the test that the court should apply on an application for summary judgment under CPR 24.2, citing the we…”
“…t with that term, it requires clear words to do so. A conventional entire agreement clause is not enough: Federal Republic of Nigeria v JP Morgan Chase Bank NA [2019] EWHC 347 (Comm) at [37] and [44]. There are no such words in the present case. In addition, the existence of the contractual dispute resolution procedure may act as a safety v…”